JK 


1963 


IC-NRLF 


$B    EE    S3E 


GENERAL  ELECTION  LAW 


STATE  OF  LOUISIANA 


ACT  NO.  130  OF  1916 


Printed  by  Authority  of 


Secretary  of  State. 


GENERAL  ELECTION  LAW 

STATE  OF  LOUISIANA 
ACT  NO.  130  OF  1916. 


Senate  Bill  No.  233. 


AN  ACT 


By  Mr.  Dousson. 


To  preserve  the  purity  of  the  ballot,  regulating  the  manner  of 
holding  and  conducting  elections,  by  providing  an  official 
form  of  ballot,  by  prescribing  the  time  and  method  in  which 
nominations  shall  be  made  and  certified,  by  providing  for 
the  division  of  parishes,  cities  and  towns  into  convenient 
election  precincts;    by  providing  for  the  appointment  of 
officers  to  conduct  such  elections,  and  denning  their  duties; 
by  prescribing  the  manner  in  which  the  votes  of  electors 
shall  be  taken,  and  the  count  and  returns  thereof  made; 
by  providing  for  the  punishment  of  violations  of  this  law, 
and  repealing  all  laws  in  conflict  with  the  same. 
Section  1.     Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Louisiana,  That  all  ballots  cast  in  all  elections  except 
as  hereinafter  provided,  and  for  delegates  to  any  constitutional 
convention,  or  upon  amendments  proposed  to  the  Constitution, 
shall  be  printed  and  distributed  at  public  expense,  as  hereinafter 
provided  ;   the  printing  of  the  ballots,  tally  sheets  and  cards  of 
instruction  to  voters  and  their  distribution  shall  be  paid  for  by 
the  State. 

Provided,  That  the  provisions  of  this  act  shall  not  apply  to 
municipal  elections  in  towns  having  a  population  of  less  than 
2,500  inhabitants  or  to  any  election  for  purposes  other  than  the 
|  election  of  public  officers,  except  elections  upon  propositions  to 
amend  the  Constitution. 

Provided  further,  That  in  elections  not  hereinabove  provided 
for,  the  ballots  and  other  election  supplies,  etc.,  shall  be  fur-' 
!  nished  by  the  Board  of  Supervisors  of  Election,  at  the  expense 
of  the  parish  within  which  the  election  is  to  be  held. 

Section  2.    Be  it  further  enacted,  etc.,  That  the  general  elec- 
tion  for  State  and  parish  officers  shall  be  held  once  every  four 
I  years,  on  the  first  Tuesday  next  following  the  third  Monday  of 
!  April. 

Section  3.  Be  it  further  enacted,  etc.,  That  all  officers,  the 
time  and  place  of  whose  election  is  not  otherwise  provided  for  by 
law,  shall  be  elected  at  the  time  and  places  provided  by  law  for 
the  election  of  Senators  and  Representatives. 


Ballots  to  be  fur- 
* 


Act  not  to  apply 

o°f  eiess  °than  ^soo 
inhabitants. 


in   elections  not 

aiST  suppUes  tol0b6 

^01ri|hed  by  super" 

General  elections. 


Elections;    man- 
of  ran 


Notice  of  e  i  e  c  -      That  it  shall  be  the  duty  of  the  Governor,  at  least  thirty  days 
before  every  general  election,  to  issue,  his  proclamation  giving 
notice  thereof,  which  shall  be  published  in  the  official  journal. 
The  Board  of  Supervisors  of  Election  of  each  parish  shall 

Notice  by  Board  give  fifteen  days'  notice  of  every  general  election  by  advertise- 
ment. in  the  official  journal  of  their  parish,  if  there  be  one,  and 
by  posting  at  four  public  places  in  the  parish  if  there  be  no 
official  journal  in  said  parish.  But  no  default  by  the  Governor 
or  Parish  Board  of  Supervisors  of  Election  to  issue  said  procla- 
mation shall  deprive  the  people  of  their  right  to  hold  an  election 
as  fixed  by  law  or  vitiate  said  election  when  held. 

Vacancies  in  Gen-  Section  4.  Be  it  further  enacted,  etc.,  That  when  the  seat  of 
'  h°W  any  Senator  or  Representative  becomes  vacant,  and  there  shall 
be  a  session  of  the  General  Assembly  before  the  next  general 
election,  it  shall  be  the  duty  of  the  Governor,  within  a  reasonable 
delay,  to  issue  his  writ  of  election,  directed  to  the  proper  su- 
pervisors of  election,  whose  duty  it  shall  be,  within  three  days 
after  receipt  thereof,  to  give  public  notice  that  an  election  will 
be  held  to  fill  such  vacancy  on  a  date  to  be  named  by  them, 
which  shall  not  be  less  than  forty-five  days  after  the  publication 
of  such  notice,  such  election  shall  be  conducted  and  the  returns 
thereof  made  in  the  manner  required  by  law  for  general  elections. 

Elections  for  eicc-      Section  5.     Be  it  further  enacted,  etc.,   That  in  every  year 
andrvic°ef-p^esfdent!  in  which  elections  are  to  be  held  for  electors  of  President  an 


manner  Vice  President,  said  elections  shall  be  held  on  the  first  Tuesday 
next  following  the  first  Monday  in  November.  The  first  election 
under  this  paragraph  shall  be  held  on  the  first  Tuesday  next 
following  the  first  Monday  in  November,  1916,  and  all  such  elec- 
tions shall  be  held  every  four  years  thereafter  and  shall  be  con- 
ducted and  the  returns  made  in  the  same  manner  as  herein  pro- 
vided for  general  elections.  The  Secretary  of  State,  or,  in  case 
of  a  vacancy  in  that  office,  the  State  Auditor,  shall  ascertain  from 
the  returns  the  persons  who  receive  the  greatest  number  of  votes 
actually  cast;  and  the  Governor  shall  issue  a  certificate  of  elec- 
tion to  said  persons,  and  they  shall  be  authorized  to  cast  the  vote 
of  the  State  for  President  and  Vice  President. 

Elections  for  Rep-      ^^  general  elections  for  Representatives  in  Congress  shall  be 

resentatives  in  Con-  held  on  the  first  Tuesday  next  following  the  first  Monday  in 

November.    The  first  election  under  this  paragraph  shall  be  held 

on  the  first  Tuesday  next  following  the  first  Monday  in  Novem- 

ber, 1916,  and  such  elections  shall  be  held  every  two  years  there- 

after,  and  all  such  elections  shall  be   conducted  in  the   same 

Manner  of  filling  manner  as  elections  for  Representatives  in  the  General  Assembly. 

vacancies  jn^office      Section  6.     Be  it  further  enacted,  etc.,  In  case  of  vacancy  in 

in  congress.  said  office  of  Representative  in  Congress,  between  the  general 


, 

i 


election,  it  shall  be  the  duty  of  the  Governor,  by  proclamation, 
to  cause  an  election  to  be  held  according  to  law  to  fill  such 
vacancy.  Elections  shall  be  held  in  the  precincts  and  at  the 
polling  places  hereinafter  defined  and  herein  below  directed  to 
be  established. 

Section  7.     Be  it  further  enacted,  etc.,  That  in  all  elections  1^e™on1J  ,re£eirvin? 

.  ,11-1  i          icirgesjt    nuinoer    01 

by  the  people  the  person  or  persons  having  the  highest  number  votes  to  be  declared 
of  votes  shall  be  deemed  and  declared  to  be  elected;  but  no  per- e 
sons  receiving  the  same  number  of  votes  shall  be  deemed  to  be 
elected  if  thereby  a  greater  number  would  be  elected  than  re- 
quired by  law.     The  election  for  such  officers  thus  not  elected 
shall  be  returned  to  the  people,  public  notice  of  ten  days  to  be 
first  given  in  the  same  manner  as  for  a  general  election. 

Section  8.    Be  it  further  enacted,  etc.,  That  all  elections  shall     Elections    to    be 
be  completed  in  one  day,  and  the  polls  shall  be  kept  open  at  S££ple 
each  polling  place  from  the  hour  of  six  o'clock  in  the  forenoon 
until  seven  o'clock  in  the  afternoon. 

Section  9.     Be  it  further  enacted,  etc.,  That  the  days  upon     Election  days  to 
which  a  general  or  local  election  shall  hereafter  be  held  under  be  le^kl  holidays, 
this  act  shall,  for  all  purposes  whatever,  be  legal  holidays  in  the 
localities  where  the  elections  are  held. 

Section  10.     Be  it  further  enacted,  etc.,  That  it  shall  be  the     Manner   of   pre- 
duty  of  the  chief  executive  officers  of  the  police  force  of  each  city  S®j1vjjjlg  °arCeSer  at 
or  town  to  detail  a  sufficient  number  of  police  officers,  who  shall 
be  stationed  at  each  polling  place  on  the  day  of  the  election,  to 
preserve  order  and  to  protect  each  and  all  of  said  election  officers 
from  any  interference  with  or  obstructions  in  the  performance  of 
their  respective  duties,  and  to  aid  in  enforcing  the  provisions  of 
law  relating  to  elections,  and  said  police  officers  so  detailed  shall 
be  subject  to  the  orders  of  the  Commissioners  of  Election. 

Section  11.     Be  it  further  enacted,  etc.,  That  in  each  parish     Board  of  Super- 
of  the  State  there  shall  be  a  Board  of  Supervisors  of  Election,  ^Os°r*t^  parish™' 
which  shall  have  the  po\vers  and  perform  the  duties  imposed  how  constituted ;  its 
upon  it  by  this  act.     In  all  of  the  parishes  of  the  State,  except  d1 
the  Parish  of  Orleans,  the  said  Board  of  Supervisors  of  Election 
shall  consist  of  three  persons,  viz.,  the  Registrar  of  Voters  of 
each  parish  and  two  other  persons  appointed  by  the  Governor, 
one  of  whom  the  Governor  shall  designate  as  president  of  the 
board.    In  the  event  that  the  Registrar  of  Voters  should  be  made 
appointive  by  the  Governor,  then  the  Governor  shall  appoint 
only  one  member,  who  shall  be  president  of  the  board,  and  the 
remaining  member  shall  be  appointed  by  the  Police  Jury. 

In  the  Parish  of  Orleans  the  Board  of  Supervisors  of  Election  vlj£j*r*f  mecSSE 
shall  consist  of  three  persons,  as  follows:  One  appointed  by  the  Parish  of  Orleans; 
Governor,  who  shall  be  president  of  the  board,  one  of  whom  shall  duties?™ 


M144083 


be  the  Registrar  of  Voters,  and  one  of  whom  shall  be  the  Civil 
Sheriff.  In  the  event  that  the  Registrar  of  Voters  for  the  Parish 
of  Orleans  should  hereafter  not  be  appointed  by  the  Governor, 
then  the  Governor  shall  appoint  the  two  remaining  members  of 
the  board,  one  of  whom  he  shall  designate  as  president. 

Duty  of  Board  of  Section  12.  Be  it  further  enacted,  etc.,  That  in  every  parish 
supervisors  o^iec-  of  the  State  it  shall  be  the  duty  of  the  Board  of  Supervisors  of 
commissionerSeCaJ!d  Election,  thirty  days  prior  to  any  election,  to  appoint  three  com- 
cierks  of  election.  missioners  an(j  one  clerk  to  preside  over  the  election  at  each  poll- 
ing precinct,  and  said  commissioners  and  clerk  shall  be  qualified 
voters  of  the  ward  of  which  said  polling  precinct  forms  part  and 
shall  be  appointed  from  lists  to  contain  not  less  than  six  names 
furnished  by  each  of  the  several  political  parties.  These  lists 
must  be  furnished  to  the  Board  of  Supervisors  of  Election  at 
least  thirty-five  days  before  the  day  of  election.  Any  list  offered 
after  this  date  shall  not  be  received,  nor  shall  any  such  list  be 
received  or  acted  upon  or  recognized  by  the  Board  of  Super-, 
visors  of  Election  which  shall  contain  the  name  of  any  person 
not  registered  as  affiliated  with  the  party  handing  in  the  list. 
In  so  far  as  is  practicable,  the  commissioners  shall  be  so  appor- 
tioned as  to  equally  represent  all  the  political  parties  authorized 
by  law  to  make  nominations. 

Manner  of  ap-  Section  13.  Be  it  further  enacted,  etc.,  That  each  of  the  sev- 
pointmg  watchers  era|  political  parties  or  nominating  bodies  having  candidates  upon 
their^dunfs.  Pl  ' :  the  official  ballot  shall  be  entitled  to  one  watcher  in  each  voting 
precinct,  and  said  watchers  shall  be  appointed  for  each  election 
by  the  several  political  parties  or  nominating  bodies  and  shall 
be  commissioned  by  the  Board  oi;  Supervisors.  Said  watchers 
shall  be  admitted  within  the  barrier  during  the  polling  of  the 
vote,  (but  shall  not  be  permitted  to  electioneer,  engage  in  any 
political  discussions  or  in  any  manner  interfere  with,  detain  or 
obstruct  any  voters.  Said  watchers  shall  be  allowed  to  enter 
the  polls  only  after  the  closing  of  the  polls,  and  there  remain 
thereafter  during  the  canvass  and  count  of  the  voters.  "Watchers 
shall  take  no  part  in  such  canvass  and  count,  nor  have  any  voice 
in  the  conduct  thereof. 

Pay  of  commis-      Section  14.     Be  it  further  enacted,  etc.,   That  the   Commis- 
sioners and  clerks.   sioners  of  Election  shall  attend  at  the  times  and  places  designated 
in  their  respective  precincts  at  all  elections.    The  commissioners 
and  clerks  shall  receive  three  dollars  for  each  day's  active  service 
and  the  deputy  sheriffs  attending  the  election  shall  receive  five 
dollars  and  no  mileage  for  each   day's  actual  service  not  ex- 
ceeding three  days,  to  be  paid  by  the  parish  or  municipality. 
Power  of  commis-      Section  15.     Be  it,  further  enacted,  etc.,  That  commissioners 
order.  n  shall  possess  full  authority  to  maintain  regularity  and  order  and 


to  enforce  obedience  to  their  lawful  commands  during  an  elec- 
tion and  during  the  canvass  of  the  votes  after  the  closing  of  the 
polls,  and  shall  have  full  authority  to  preserve  the  peace  and 
good  order  at  and  around  the  polling  place,  and  keep  access 
thereto  open  and  unobstructed,  and  may  require  any  police  offi- 
cers, constables  or  other  persons  present  to  communicate  their 
orders  and  directions  and  to  assist  in  the  performance  of  the 
duties  in  this  section  enjoined. 

Section  16.  Be  it  furtehr  enacted,  etc.  That  the  Commission- 
ers  of  Election  shall  preserve  order  and  decorum  at  elections  persons. 
and  shall  have  power  to  commit  to  prison  any  disorderly  persons 
for  a  time  not  to  extend  beyond  the  hour  of  closing  the  polls; 
provided,  that  said  person  shall  be  permitted  to  vote  before  be- 
ing committed  to  prison. 

Section  17.    Be  it  further  enacted,  etc..  That  the  canvass  and     Canvass    and 

.  -.     -i    .       ,-»•  i     i -i    i       i  •        count  or  Demons, 

count  of  the  ballots,  as  provided  in  this  act,  shall  be  begun  im- 
mediately upon  the  closing  of  the  polls  and  shall  be  proceeded 
with  without  interruption  or  delay  until  completed.  During 
all  the  count,  three  tally  sheets  shall  be  kept  thereof,  the  said 
tally  sheets  shall  have  the  tallies  marked  in  red  lines  from  the 
beginning  to  the  end  of  the  page  and  the  total  number  of  tallies 
shall  be  written  in  figures  immediately  after  the  end  of  the  tally, 
and  in  letters,  so  as  to  prevent  any  alteration  thereof.  Any  com- 
missioner or  other  person  who  shall  interfere  with,  delay  or  at- 
tempt to  delay  the  count  of  the  ballots  shall  be  guilty  of  a  felony 
and  punished  as  provided  for  in  Section  44  of  this  act,  and  any 
person  who  shall  steal  or  attempt  to  steal,  or  aid  or  abet  in  steal- 
ing, the  ballot  box,  ballots,  tally  sheets,  poll  lists  or  apparatus 
or  papers  of  the  election,  shall  be  deemed  guilty  of  a  felony  and 
punished  as  provided  in  Section  44  of  this  act. 

Section  18.  Be  it  further  enacted,  etc.,  That  prior  to  the  Commissioners  not 
public  declaration  of  the  vote  at  an  election,  which  shall  be  made  0°  ^nb^^ T^i- 
at  each  precinct  as  soon  as  the  count  has  been  completed,  no  lots>  votes,  etc.,  be- 

inil  -1-1,1  ••  p  ±1  IP  fore  public  declara- 

statements  shall  be  made  by  the  commissioner  ot  the  number  oition  of  results, 
ballots  cast,  the  number  of  voters  present,,  the  number  of  votes 
given  for  any  person  or  for  any  officer,  the  name  of  any  person 
which  has  been  voted  on,  or  of  any  other  fact  tending  to  show 
the  state  of  the  polls.  Any  commissioner  who  violates  the  pro- 
visions of  this  act  shall  be  punished  as  provided  for  in  Section 
44  of  this  act,  but  no  such  violation  shall  in  any  way  invalidate 
any  returns  of  the  votes  cast,  duly  made  by  the  commissioners, 
or  affect  the  title  of  any  person  who  is  duly  declared  to  be  elected 
to  any  office. 

Any  Election  Commissioner  who  intentionally  makes  or  at-  Penalty  for  false 
tempts  to  make  a  false  canvass  of  the  ballots  cast,  or  any  false  canvass  of  vote- 


6 

return  of  the  result  of  any  election,  or  any  person  who  induces 
or  attempts  to  induce  any  such  commissioner  so  to  do,  shall  be 
deemed  guilty  of  a  felony  and,  upon  conviction  thereof,  shall  be 
punished  as  provided  in  Section  44  of  this  Act,  and  shall  be 
further  disqualified  from  voting  at  any  election  or  holding  any 
office  of  honor,  trust  or  profit  in  this  State. 

Penalty  for  de-  Section  19.  Be  it  further  enacted,  etc.,  That  every  Commis- 
Jtmgmany°r election  si°ner  °f  Election,  or  other  officer  or  person  having  the  custody 
documents.  of  any  record  or  register  of  votes  or  copy  thereof,  oath,  return 

of  votes,  certificates,  poll  list  or  any  paper,  document  or  evi- 
dence of  any  description  in  this  Act  directed  to  be  made,  filed  or 
preserved,  who  is  guilty  of  stealing,  willfully  destroying,  mu- 
tilating, defacing,  falsifying  or  fraudulently  removing  or  se- 
creting the  whole  or  any  part  thereof,  or  who  shall  fraudulently 
make  any  extra  entry,  erasure  or  alteration  therein,  except  as 
allowed  and  directed  by  the  provisions  of  this  act,  or  who  per- 
mits any  other  person  so  to  do,  shall  be  guilty  of  a  felony  and, 
upon  conviction  thereof,  be  punished  in  accordance  with  Sec- 
tion 44  of  this  act.  And  every  person,  not  an  officer,  who  is  guilty 
of  any  of  the  aforesaid  acts,  or  who  advises,  procures  or  abets 
the  commission  of  the  same,  or  any  of  them,  shall,  upon  convic- 
tion thereof,  be  punished  in  accordance  with  Section  44  of  this 
Act. 

Barrooms  within  Section  20.  Be  it  further  enacted,  etc.,  That  all  bar  rooms, 
boottfto  be  closed^  ca^arets  and  coffee  houses  and  places  where  liquors  are  kept, 
within  one  mile  of  any  ward  or  precinct  where  an  election  is 
being  held,  shall  be  and  remain  closed  during  the  day  of  an  elec- 
tion until  twelve  o'clock  p.  m.,  and  no  liquors  shall  be  sold  or 
given  away  on  election  day  within  the  above  specified  limits. 
Commissioners  of  Election  are  hereby  authorized  to  enforce  this 
provision  and  to  call  upon  and  direct  the  police  officers  to  dis- 
charge their  full  duties  in  every  particular. 

Penalty  for  nav-      Whoever,  in  a  polling  place,  has  in  his  possession  any  intoxi- 

uo?  iS^omng^acT  cating  licluor  snali  De  deemed  guilty  of  disorderly  conduct,  and 

e'  the  commissioner  shall  order  such  person  to  remove  such  liquor, 

or  to  withdraw  himself  from  such  place,  and  on  his  refusing  or 

neglecting  to  obey  such  order,  shall  direct  any  police  officer  or 

other  person  present  to  take  him  from  the  place  and  confine 

him   in  some  convenient  place  until  the  election  is  completed. 

The  person  so  refusing  shall,  for  every  such  offense,  be  punished 

as  provided  in  Section  44  of  this  act. 

Duplicate  lists  of  Section  21.  Be  it  further  enacted,  etc.,  That  it  shall  be  the 
duty  of  the  commissioners  at  each  polling  place  to  keep  dupli- 
cate lists  of  the  persons  voting  at  such  pc'ling  place,  which  lists 
shall  be  numbered  from  one  to  the  end;  and  said  lists  so  to  be 


kept  and  numbered  as  aforesaid  shall  be  signed  and  sworn  to 

as  correct  by  them  immediately  upon  closing  the  polls  and  be- 

fore leaving  the  place  or  opening  the  ballot  box.   As  soon  as  the 

votes  have  been  counted  and  the  envelopes  sealed,  as  herein  pro- 

vided, the  official  tally  sheet  or  sheets  shall  be  signed  and  s  worn  ^£$^^£1  en£ 

to  by  the  commissioners,  and  the  said  officers  shall  make  triplicate  of  voters. 

•compiled  statements  of  the  number  of  votes  cast  for  each  candi- 

date for  National,  State,  parochial  or  municipal  offices,  and  the 

offices  for  which  they  were  voted,  the  number  of  ballots  contained 

in  the  box,  the  number  of  ballots  rejected,  and  the  reasons  there- 

for.    These  compiled  statements  shall  also  be  sworn  to  by  the 

said  commissioners,  the  oath  to  be  administered  by  the  deputy 

sheriff  or  one  of  the  commissioners,  or  by  any  qualified  voter. 

One  of  the  aforesaid  tally  sheets,  together  with  the  poll  books 

and  one  of  the  said  compiled  statements,  shall  be  delivered  to  the 

Board  of  Supervisors  of  each  parish. 

The  Commissioners  of  Election  shall  forward  to  the  Secretary     Returns  to  be  for- 


of  State  one  of  the  compiled  statements  of  the  vote  at  their  re- 


spective  boxes  or  polling  places,  with  the  name  or  names  of  the 
candidates  voted  for,  one  tally  sheet  and  one  of  the  duplicate 
poll  lists,  which  returns  of  the  commissioners  shall  be  retained  by 
the  Secretary  of  State  for  at  least  six  months. 

The  third  tally  sheet,  together  with  ballots  and  a  poll  list  of  C(To_  the  cierk  of 
the  persons  voting,  shall  be  returned  to  the  ballot  box,  which 
shall  thereupon  be  sealed  by  the  said  commissioners,  and  the 
said  ballot  box  containing  the  ballots  and  tally  sheets  and  poll 
lists,  as  aforesaid,  shall  be  delivered  to  the  Clerk  of  Court,  to  be 
by  him  safely  preserved  for  a  period  of  six  months. 

The  Board  of  Supervisors  of  each  parish  shall,  within  three     Compilation    by 
days  after  the  closing  of  the  polls,  repair  to  the  Court  house  «f0°r*rd 
of  the  parish  and  there,  in  the  presence  of  at  least  three  voters 
and  as  many  others  as  may  desire  to  be  present,  make  a  true 
compiled  statement  as  shown  by  the  face  of  the  sworn  returns 
of  the  commissioners  in  triplicate,  of  the  result  of  said  election, 
and  make  public  proclamation  of  such  result,  which  compiled 
statement  shall  be  sworn  to  before  some  other  officer  competent 
to  administer  an  oath. 

One  of  the  said  triplicate  compiled  statements  shall  be  for-     Their  returns  t-> 
warded  to  the  Secretary  of  State,  one  to  the  Clerk  of  the  Dis-  Secretary  of  state- 
trict  Court  and  the  third  shall  be  retained  by  said  Board  of  Su- 
pervisors. 

The  Board  of  Supervisors  shall  make  out  a  separate  compiled     Separate  returns 
statement  of  the  vote  for  Governor  and  Lieutenant  'Governor, 
which  shall  be  sworn  to  before  some  officer  competent  to  admin-  nor. 
ister  oaths,  and  this  compiled  statement,  sealed  in  a  separate 


8     • 

envelope  and  properly  marked  and  attested  by  the  Board  of 
Supervisors,  shall  be  transmitted  to  the  Secretary  of  State,  and 
shall  constitute  the  returns  contemplated  by  Article  62  of  the 
Constitution.  Any  Board  of  Supervisors,  or  any  members 
thereof,  who,  shall  fraudulently  and  intentionally  make  a  false 
or  incorrect  compiled  statement,  as  above  provided,  of  the  said 
vote,  shall  be  deemed  guilty  of  a  felony  and,  on  conviction  there- 
of,  shall  be  punished  by  imprisonment  at  hard  labor  for  not 
less  than  two  nor  more  than  five  years. 

Transmission   of      Section  22.     Be  it  further  enacted,  etc.,  That  it  shall  be  the 

command  Board  of  I  duty  of  the  commissioners  themselves,  or  at  least  two  of  them, 

supervisors.  to  carry  returns  and  ballot  boxes  to  the  Board  of  Supervisors 

and  clerk  of  court,  as  required  by  law;  and  it  shall  be  the  duty 

of  the  Sheriff  to  have  at  each  polling  place  one  deputy  sheriff, 

whose  duty  it  shall  be  to  obey  orders  of  the  said  officers  of  clec- 

tion  and  transmit  the  ballot  boxes  and  returns  to  the  Board 

of  Supervisors  and  clerk  of  court. 

Ballot   boxes   to      Section  23.    Be  it  further  enacted,  etc.,  That  the  -clerk  of  the 


kept  reby1V  clerk       court  shall  receive  the  boxes  containing  the  ballots  cast  at  any 
Court.  election,  and  the  other  papers  herein  provided  for,  sealed  as 

herein  above  provided,  and.  shall  retain  them  in  his  care  for 
six  months,  and  as  soon  as  may  be  thereafter  said  officer  shall 
cause  the  ballots  to  be  destroyed  without  examining  them  or 
permitting  them  to  be  examined  by  any  person  whatsoever,  and 
shall  make  an  entry  in  the  records  of  his  office  that  they  have 
been  so  destroyed. 

rom?iPUttonnof  nd  ^ftc^on  24>  Be  ^  further  enacted,  etc.,  That  it  shall  be  the 
t£SUi^  sSiStary  duty  of  the  Secretary  of  State,  or  in  his  default  the  Auditor, 
of  state-  not  less  than  ten  nor  more  than  twenty  days  after  the  day  of 

holding  an  election,  to  compile  the  returns  transmitted  by  the 
Board  of  Supervisors  of  each  parish  and  publish  in  the  official 
journal  the  names  of  all  the  candidates  voted  for,  and  the  num- 
ber of  votes  actually  cast  for  each,  as  shown  by  the  returns,  and 
to  declare  the  person  receiving  the  greatest  number  of  votes 
cast  for  the  office  for  which  such  person  was  a  candidate,  to 
have  been  duly  elected.  If  the  Secretary  of  State  or  Auditor 
should  willfully  neglect  or  refuse  to  compile  the  returns.  of  the 
election  and  publish  the  result,  as  above  provided  for,  or  if  he 
should  willfully  neglect  or  refuse  to  count  any  votes,  as  shown 
by  the  returns,  or  should  erase,  alter  in  any  manner  or  change 
any  return,  he  shall  be  deemed  guilty  of  a  felony  and,  upon  con- 
viction thereof,  shall  be  punished  by  a  fine  not  less  than  one 
thousand  ($1,000)  dollars  and  by  imprisonment  at  hard  labor 
for  not  less  than  seven  nor  more  than  ten  years. 


Section  25.     Be  it  further  enacted,  etc.,  That  it  shall  be  the    commissions  to  be 
duty  of  the  Governor,  not  less  than  thirty  days  after  each  B«*-£"1ft5^3S3 
eral  election,  to  issue  commissions  to  all  officers  shown  by  the  so  days  after  eiec- 
compilation  of  the  returns,  as  above  provided  for,  to  have  been  tlon- 
elected,  except  Governor,  Lieutenant  'Governor  or  members  of 
the   General   Assembly. 

Section  26.  Be  it  further  enacted,  etc.,  That  as  soon  as  possible  compilation  of  re- 
after  the  expiration  of  the  time  for  making  the  returns  of  the  sentative^1'  inRecon- 
election  for  Representative  in  Congress,  the  'Governor,  jointly 
with  the  Secretary  of  State  and  Attorney  General,  shall  pro- 
ceed to  ascertain  the  number  of  votes  cast  for  each  candidate 
for  Representative  in  Congress  as  shown  by  the  returns  re- 
ceived by  the  Secretary  of  State  in  the  form  properly  at- 
tested compiled  statements  from  the  Board  of  Supervisors  of 
each  parish  in  the  respective  congressional  districts.  The  Sec- 
retary of  State  shall  enter  on  record  a  'Certificate  showing  the 
persons  who  received  the  greatest  number  of  votes  actually  cast 
for  representative  in  Congress  in  each  congressional  district. 
This  certificate  shall  be  signed  by  the  Governor  and  one  copy 
thereof,  signed  as  aforesaid,  shall  be  delivered  to  the  person 
thus  ascertained  to  have  been  elected  and  another  copy  trans- 
mitted to  the  House  of  Representatives  of  the  Congress  of  the 
United  States,  directed  to  the  clerk  thereof. 

Section  27.     Be  it  further  enacted,  etc.,  That  it  shall  be  the     Transmission  of 
duty  of  the  Secretary  of  State  to  transmit  to  the  Clerk  of  the  ffiJ^Se*  oSK 
House  of  Representatives  and  Secretary  of  the  Senate,  respec-  House  of  Repre- 
tively,  of  the  last  General  Assembly,  the  list  of  the  names  of  such  5g£rS  tte  ien- 
persons  as,   according  to  the  returns,   shall  have  been  elected ate- 
to  either  branch  of  the   General  Assembly,   as  shown  by   the 
returns. 

It  shall  be  the  duty  of  the  Secretary  of  the  Senate  and  Clerk  Duty  of  Secretary 
of  the  House  of  Representatives  to  enter  upon  the  rolls  of  the 
Senate  and  of  the  House,  respectively,  the  names  of  persons  sentatives. 
duly  elected  to  represent  the  respective  parishes  and  senatorial 
districts.  And  those  Representatives  and  Senators  whose  names 
are  placed  b}^  the  Clerk  and  Secretary,  respectively,  in  accord- 
ance with  the  foregoing  provisions,  and  no  others  shall  be  com- 
petent to  organize  the  House  of  Representatives  or  Senate. 

Section  28.     Be  it  further  enacted,   etc.,   That   the   various     Ballot  boxes  and 
Boards  of  Supervisors  shall  provide  and  send  to  the  commission-  ^f^h  \?ot^g 
ers  of  each  precinct,  before  the  time  fixed  herein  for  the  open-  cmct. 
ing  of  the  polls  on  the  day  of  any  election,  the  ballot  boxes  and 
tickets  required  by  law  to  be  used.    At  the  opening  of  the  polls 
in  each  precinct,  and  before  any  ballots  are  received,  the  ballot 
boxes  shall  be  publicly  opened  and  shown  to  be  empty,  and  the 
commissioners   shall,   by   personal    examination,    ascertain    that 


10 

the  same  is  empty,  after  which  the  box  shall  immediately  be 
locked  or  fastened  and  the  key  delivered  to  the  deputy  sheriff 
attendant.  The  ballot  box  shall  not  be  removed  from  public 
view  after  it  is  so  shown  to  be  empty  until  all  ballots  have  been 
removed  therefrom  and  the  box  has  been  relocked  or  sealed.  No 
ballot  shall  be  removed  from  the  ballot  box  in  any  precinct  while 
the  polls  are  open. 

Regulations  reia-  Section  29.  Be  it  further  enacted,  etc.,  That  every  ballot  box 
tive  to  ballot  boxes.  ghall  be  provide^  wjth  a  sufficient  lock  and  key,  and  with  aa 
opening  in  the  lid  large  enough  and  not  larger  than  may  be 
necessary  to  allow  a  single  folded  ballot  to  be  easily  passed 
through  such  opening  into  the  box.  Each  such  box  shall  be 
large  enough  to  receive  and  hold  all  ballots  which  may  be  law- 
fully deposited  therein  at  any  election. 

Blanks,  envelopes,  Section  30.  Be  it  further  enacted,  etc.,  That  the  Secretary  of 
t^y"  ^ecretary^o  f  State  shall>  at  the  expense  of  the  State,  provide  envelopes,  blank 
state.  statements,  blank  affidavits  and  all  necessary  blank  forms  for 

use  by  the  commissioners  at  each  polling  place,  in  the  conduct 
of  the  election  count  and  canvass  and  return  of  the  vote  cast 
at  each  election,  and  upon  any  proposed  amendment  of  the  Con- 
stitution or  other  question  submitted  to  the  voters.  Said  blank 
forms  shall  be  sent  to  the  Board  of  Supervisors  and  shall  be 
used  in  ascertaining  the  result  of  such  election,  and  such  result 
shall  be  ascertained  in  the  manner  hereinafter  provided. 

Forms    of    tally      All  tally  sheets   and  forms  for  compiled   statements   herein 
provided  for  shall  be  ruled  at  the  bottom  by  at  least  six  lines, 
and  partially  blank,  and  partially  printed  in,  as  follows : 
(Blank)  (Printed  in)  (Blank)    '  (Printed  in) 

John  Doe,  Commissioner  for  the  Democratic  party. 

,  Commissioner  for party 

,  Commissioner  for party 

(Printed  in)  (Blank)  (Printed  in). 

•Sworn  to  and  signed  before  me,  John  Doe, 

Commissioners  by majority of  the 

commissioners  serving  at  this poll,  and  by  me  sworn 

to  and  signed  as  true  and  correct  this day  of , 

19 

(Blank)         (Printed  in). 
John  Doe,  Presiding  Commissioner. 

So  as  to  require  and  provide  for  proper  attestations  to  every 
such  tally  sheet  or  compiled  statement. 

Elections  in  par-      Section  31.    Be  it  further  enacted,  etc.,  That  in  parishes  and 
in  towns  of  less  than  fifty  thousand  inhabitants,  the  officer  whose 
habitants.  duty  it  is  to  designate  and  appoint  polling  places  shall  erect,  in 

front  of  each  place  barriers,  enclosing  a  space  at  least  thirty^ 


11 

feet  square.  Each  such  enclosed  place  shall  contain  a  table  or 
shelf  of  convenient  height  for  writing,  and  shall  be  furnished 
with  such  supplies  and  conveniences,  including  black  ink,  blot- 
ting paper  and  pencils  having  black  lead  only,  as  will  enable 
the  voters  to  conveniently  prepare  their  ballots  for  voting. 

Section  32.    Be  it  further  enacted,  etc.,  That  if  for  any  cause     provisions  in  case 
it  shall  become  impossible  at  any  such  election,  or  in  taking  any  sta£abianks.t0  Ui?e 
such  vote,  to  make  use  of  the  State  blanks,  the  canvass  of  the 
rotes  shall  be  made   as  the   commissioner   shall   direct.      They 
shall  make  a  record  of  the  facts  pertaining  thereto  and  return 
an  attested  copy  thereof  to  the  Board  of  Supervisors. 

Section  33.     Be  it  further  enacted,  etc.,  That  the  Boards  of    Delivery  of  blanks 
Supervisors  shall  send  the  State  blanks  to  the  commissioners  of  to  commissioners. 
each  precinct  before  the  time  fixed  for  the  opening  of  the  polls  on 
the  day  of  election. 

Section  34.  Be  it  further  enacted,  etc.,  That  when  in  any  challenging  right 
election  the  right  of  any  person  offering  to  vote  is  challenged  ot  voter- 
for  any  cause  recognized  by  law,  the  commissioners  shall  require 
the  name,  occupation,  age  and  residence  of  the  person  offering 
to  vote.  The  commissioners  shall  examine  such  person  offering 
to  vote  upon  his  oath,  and  if  a  majority  of  the  commissioners 
then  present  are  satisfied  that  such  applicant  is  a  legal  voter  of 
said  ward  and  precinct,  they  shall  permit  him  to  vote,  but  in 
all  cases  such  persons  so  offering  to  vote  must  establish  his 
identity  and  right  to  vote  by  the  written  affidavits  of  two  bona 
fide  residents  of  the  said  ward  and  precinct,  such  affidavit  to  be 
taken  before  one  of  the  commissioners  in  the  same;  provided, 
that  nothing  contained  in  this  section  shall  be  so  construed  as 
to  permit,  commissioners  to  receive  any  vote  which  by  law  they 
are  required  to  refuse.  Said  affidavits  shall  be  placed  in  the 
ballot  box. 

Challengers  to  the  number  of  not  more  than  one  for  each     challengers  to  re- 
political  party  or  nominating  body  shall  be  permitted  to  remain  ° 


just  outside  of  the  barrier  of  each  polling  place  and  where  they 
can  plainly  see  what  is  done  within  such  barrier  outside  the 
voting  booths  from  the  opening  to  the  close  of  the  polls, 

Section  35.     Be  it  further  enacted,  etc.,  That  it  shall  be  the     List  of  registered 
duty  of  the  Registrar  of  Voters  or  other  registering  officers  of  ^^   for 
each  parish  to  deliver  to  the  Board  of  Supervisors  of  each  parish,  places. 
at  least  twenty-four  hours  before  the  day  and  time  fixed  for  the 
opening  of  the  polls  therein,  the  list  of  the  voters  registered 
for  each  precinct  and  polling  place,  securely  wrapped,  sealed  and 
marked;    the  list  shall  contain  the  number  of  the  registration, 
place  of  residence,  age,  race  and  occupation  of  each  voter  in  the 
election  precinct  where  the  polling  place  is  situated,  and  shall 


12 

be  certified  by  the  Registrar  of  Voters  to  be  correct,  and  it  shall 
be  the  duty  of  the  commissioners  to  check  the  name  of  eacli  voter; 
who  is  about  to  vote  upon  said  list ;   any  Registrar  of  Voters  on 
other  registering  officer  who  shall  neglect,  fail  or  refuse  to  pern 
form  the  duty  above  imposed  of  furnishing  the  list  as  aforesaid 
for  any  precinct,  shall  be  punished  by  a  fine  of  not  less  than; 
$500  nor  more  than  $1,000,   and  imprisonment   not  less  than] 
Affidavit    to   be  three  nor  more  than  twelve  months.     And  no  person  shall  vote^ 
SadoQmittedSef  r^m  a*  an^  e^ec^on  wnose  name  has  not  been  previously  placed  on] 
list.  said  list,  nor  until  the  commissioners  find  and  check  his  name 

thereon ;  provided,  that  no  legal  voter  shall  be  denied  the  right 
because  his  name  has  been  accidentally  omitted  from  said  list  orj 
in  correctly  written  or  printed  thereon;  provided  further,  that 
any  voter  whose  name  has  been  so  accidentally  omitted  therefrom 
shall  make  affidavit  in  writing  to  that  effect,  before  said  commis- 
sioners, and  said  affidavit  shall  be  preserved  as  part  of  the  elec- 
tion returns  and  be  enclosed  in  the  box  provided  for  the  return  of 
the  ballots.  It  shall  be  the  duty  of  the  Board  of  Supervisors  to 
transmit  to  the  Commissioners  of  Election  at  each  precinct,  and 
before  the  time  fixed  for  the  opening  of  the  polls,  the  poll  book 
provided  for  such  precinct. 

information  to  be  Section  36.  Be  it  further  enacted,  etc.,  That  whenever  any 
person  offers  to  vote  he  shall  give  his  name,  residence,  occupa- 
tion and  registration  paper,  if  such  be  required  by  law,  to  the 
commissioners,  one  of  whom  shall  thereupon  announce  the  same 
in  a  loud  and  distinct  tone  of  voice,  clear  and  audible,  and  if 
the  same  are  found  upon  the  poll  book  by  the  commissioner  hav- 
ing charge  thereof,  he  shall,  in  a  loud  and  distinct  tone,  of  voice, 
clear  and  audible,  repeat  the  same,  and  the  same  being  checked, 
the  voter  shall  be  allowed,  his  name  being  entered  upon  the 
poll  list,  to  cast  his  vote. 

Affidavit  of  vot-?r      In  the  Parish  of  Orleans,  if  a  voter  who  has  lost  or  mislaid 
iean^awhho  has  i°s~t nis   registration   certificate   shall   present  himself   and   offer   to 
or  mislaid  registra-  vote,  this  right  shall  not  be  denied  him ;    provided,  his  name; 
appears  on  said  list  and  five  qualified  electors  of  the  precinct 
shall  join  in  an  affidavit,  sworn  to  before  one  of  the  commis- 
sioners, that  the  person  so  offering  to  vote  is  the  identical  person 
whose  name  appears  on  said  list.    The  affidavit  shall  be  deposited 
in  the  ballot  box  and  shall  be  preserved  for  six  months  by  the 
clerk  of  court,  so  as  to  form  the  basis  of  a  prosecution  of  per- 
jury in  case  the  affidavit  shall  be  false. 

Commissioners  in      The  commissioners  in  charge  of  the  poll  list,  the  box  and  the 
Poll  books,  respectively,  shall  be  of  different  political  parties  or 
different  parties,      factions,  so  far  as  practicable. 


13 


Section  37.  Be  it  further  enacted,  etc.,  Elections  shall  be  Election  precincts 
held  in  the  precincts  and  the  polling  places  as  hereinafter  defined  and  polling  places. 
and  hereinbelow  directed  to  be  established. 


election    pro 

country  Par 


Section  38.  Be  it  further  enacted,  etc.,  That  each  police 
jury  ward  in  every  parish  of  the  State,  except  the  Parish  of  ing 
Orleans,  and  except  in  the  case  of  the  division  thereof  as  here- 
inafter  provided,  is  fixed  as  an  election  precinct,  and  they  shall 
be  numbered  as  such.  The  police  juries  of  the  several  parishes 
shall  direct  what  number  of  polls  shall  be  established  in  each 
ward  above  constituted  as  an  election  precinct  ;  provided,  if  more 
than  one  polling  place  be  established  in  any  one  police  jury 
ward,  then  the  police  jury  shall  divide  the  ward  geographically 
as  nearly  equal  as  possible  according  to  the  number  of  polls 
established,  and  so  arranged  as  to  contain  not  more  than  four 
hundred  voters  as  nearly  as  practicable  as  shown  in  the  preced- 
ing registration,  and  shall  define  the  limit  within  the  ward  for 
which  each  poll  is  established,  and  said  subdivision  of  the  ward 
in  such  case  shall  be  each  an  election  precinct.  In  the  Parish  In  the  Parii?h  of 
of  Orleans  each  subdivision  of  each  ward  thereof  to  be  made  Orleans. 
as  herein  provided,  shall  constitute  an  election  precinct,  and 
they  shall  be  numbered  consecutively  in  each  ward,  commencing 
at  the  river  and  running  back  to  the  rear  boundary  of  the  ward 
in  so  far  as  practicable. 

Section  39.  Be  it  further  enacted,  etc.,  The  police  juries,  as  Same. 
above  provided,  shall  establish  as  many  precincts  and  polling 
places  in  their  respective  parishes  as  may  be  deemed  necessary 
in  order  to  carry  out  the  provisions  of  the  preceding  section; 
provided,  that  there  shall  never  be  less  than  one  precinct  and 
polling  place  in  each  police  jury  -ward  ;  and  provided,  that  when 
more  than  one  polling  place  is  established  in  any  one  police  jury 
ward  the  ward  shall  be  divided  as  above  stated,  and  such  sub- 
division of  said  police  jury  ward  shall  be  an  election  precinct, 
and  the  precinct  shall  be  numbered  consecutively  from  one  to 
the  end  of  each  ward.  That  when  said  polling  places  and  pre- 
cincts are  established  they  shall  be  published  in  the  official  pro- 
ceedings of  the  police  jury.  The  precincts  and  polling  places, 
or  any  one  of  them,  once  established  under  this  act,  shall  not  be 
changed  except  by  a  vote  of  the  police  jury  given  in  favor  of  said 
change,  and  then  not  within  three  months  prior  to  a  general 
election. 

Section  40.    Be  it  further  enacted,  etc.,  That  in  the  City  of     city  government 
New  Orleans  the  various  voting  precincts  as  now  established  by  ^ivTd^city^nto 
ordinance  shall  remain  as  the  various  voting  precincts  until  election  precincts. 
same  are  changed  by  ordinance  of  the  city  government  of  New 
Orleans.     That  the  city  government  of  New  Orleans  shall  by 


14 

ordinance,  from  time  to  time,  divide  the  city  into  election 
precincts  within  the  different  wards.  Each  of  said  precincts  shall 
be  composed  of  contiguous  squares  and  each  precinct  to  be  so 
arranged  as  to  contain  not  more  than  400  voters,  as  nearly  as 
practicable,  as  shown  in  the  next  preceding  registration;  they 
shall  establish  one  polling  place  for  each  precinct  and  shall 
establish  precincts  for  each  ward,  and  shall  cause  to  be  pub- 
lished an  accurate  description  of  the  ward  boundaries  and  elec- 
tion precincts  above  referred  to  within  ten  clays  from  any  elec- 
tion; they  shall,  by  publication  in  two  daily  newspapers,  give 
notice  of  the  location  of  the  polling  places  of  each  precinct,  which 
polling  places  shall  be  as  nearly  as  possible  in  the  center  of  the 
precinct,  the  boundaries  and  precincts  to  be  fixed  as  above,  not 
to  be  changed  within  three  months  prior  to  any  general  election. 
Penalty  for  ob-  Section  41.  Be  it  further  enacted,  etc.,  That  if  any  person 
sha11  willfully  disobey  any  lawful  command  of  the  commis- 
sioners and  shall  willfully  and  without  lawful  authority  obstruct, 
hinder  and  delay  any  voter  on  his  way  to  any  polling  place 
where  an  election  is  to  be  held,  or  while  he  is  exercising  or  at- 
tempting to  exercise  the  right  of  voting,  or  shall  aid  or  assist  in 
any  obstruction  or  delay,  he  shall  be  punished  in  accordance 
with  Section  44  of  this  act. 

Penalty  for  cast-      Section  42.    Be  it  further  enacted,  etc.,  That  whoever,  know- 
ing illegal  votes:.         , ,     ,    ,  , .  ~    1 

etc.  ing  that  he  is  not  qualified  at  an  election,  wilfully  votes  or  at- 

tempts to  vote,  or  whoever  so  votes  or  attempts  to  vote  more  than 
once,  either  in  his  own  name  or  in  that  of  any  other  person,  or 
in  an  assumed  name,  or  whoever  so  votes  or  attempts  to  vote 
in  more  than  one  voting  precinct,  or  whoever  wilfully  aids  or 
abets  anyone  not  legally  qualified  in  voting  or  attempting  to 
vote  at  an  election,  or  whoever  shall  have  in  his  possession  the 
registration  of  another  or  whoever,  with  intent  to  cheat  or 
defraud,  alters  any  ballot  at  any  election,  and  whoever  with 
such  intent  removes  any  ballot  from  such  ballot  box  or  whoever 
shall  forge,  imitate  or  counterfeit  or  falsely  make  or  alter,  or 
shall  procure  to  be  falsely  made,  imitated,  altered,  forged  or 
counterfeited,  or  shall  aid  or  assist  in  falsely  making,  imitating, 
altering,  forging  or  counterfeiting  any  ballot  or  part  thereof 
herein  provided  for,  or  shall  utter  or  publish  as  true  any  such 
false  altered,  forged,  imitated  or  counterfeited  ballot,  or  shall 
procure  the  same  to  be  altered  or  published  as  true,  knowing 
same  to  be  false,  altered,  forged,  imitated  or  counterfeited,  with 
intent  to  use  same,  or  to  procure  same  to  be  used  at  any  election, 
or  whoever  being  charged  with  the  duty  of  compiling  or  making 
up  or  of  printing  the  official  ballot  herein  provided  for,  shall 
permit  any  person  not  so  engaged  to  have  access  to  or  to  give 


15 


Penalty  for  false 
this 


any  information  with  regard  to  the  said  official  ballot,  or  the 
form  thereof,  except  as  herein  provided,  or  whoever  in  an  as- 
sembly of  people  met  for  the  purpose  of  making  nominations 
under  this  law,  votes  or  attempts  to  vote  under  any  name  other 
than  his  own,  or  whoever  aids  and  abets  any  person  in  the  com- 
mission of  the  offenses  described  in  this  section,  or  whoever* 
knowingly  and  willfully  gives  a  false  answer  to  any  election 
officer,  shall  be  punished  for  each  offense  as  provided  in  Section 
44  of  this  act. 

Section  43.  Be  it  further  enacted,  etc.,  Any  person  who 
shall  be  convicted  of  willful  and  corrupt  false  swearing  after 
taking  any  oath  or  affirmation  prescribed  by  this  act  shall  be  act 
adjudged  guilty  of  willful  and  corrupt  perjury,  and  any  person 
who  shall  willfully  and  corruptly  instigate,  advise,  induce  or 
procure  any  person  to  swear  or  affirm  falsely  as  aforesaid,  shall 
be  adjudged  guilty  of  subornation  of  perjury  and,  shall  upon 
conviction  thereof  suffer  the  punishment  directed  by  law  in  the 
case  of  willful  and  corrupt  perjury. 

Section  44.     Be  it  further  enacted,  etc.,  Any  election  officer     Penalty  for  vioia- 

.    ,    ,  p  '  ,  .   .  f    ,1  '  ,   tions  of  this  act. 

or  other  person  who  violates  any  01  the  provisions  or  this  act 
shall  be  punished  iby  a  fine  of  not  more  than  one  thousand 
($1,000.00)  dollars  or  imprisonment  for  not  more  than  one 
year;  provided,  that  where  the  offense  is  declared  in  this  act 
to  be  a  felony  then  the  punishment  shall  be  imprisonment  in  the 
State  penitentiary  for  not  less  than  two  nor  more  than  five  (5) 
years. 

Section  45.  Be  it  further  enacted,  etc.,  That  the  commis- 
sioners  and  clerks,  and  all  other  officers  charged  with  the  conduct 
of  an  election  under  this  Act  shall,  before  entering  upon  the  dis- 
charge of  their  duties,  take  the  oath  prescribed  by  Article  161 
of  the  Constitution,  the  oath  to  be  administered  by  any  officer 
qualified  by  law  to  administer  oaths,  and  if  no  such  officer  be  pres- 
ent the  Commissioners  shall  administer  the  oath  to  each  other. 

Section  46.  Be  it  further  enacted,  etc.,  That  in  case  no 
commissioner  shall  have  been  appointed  or  if  none  of  those  who 
have  been  appointed  be  present  within  one  hour  after  the  time 
fixed  for  the  opening  of  the  poll,  the  persons  present  shall  hold 
a  meeting  and  elect  the  commissioners  to  preside  at  the  election, 
who  shall  perform  all  the  duties  of  the  regularly  appointed  com- 
missioners; should  any  one  of  the  commissioners  appointed  be 
present  he  shall  appoint  another,  and  both  together  shall  appoint 
a  third,  and  the  commissioners  so  appointed  shall  take  the  oath 
and  perform  all  duties  of  commissioners  of  election  in  the  same 
manner  as  if  they  had  been  appointed  as  above  provided  by 
the  Board  of  Supervisors.  No  election  shall  be  vitiated  by  a 


oath  to  be  taken 
cSe°rIkTissionerS 


Manner  of  elect- 


16 

failure  to  open  the  polls  by  the  time  prescribed  by  law,  unless  it 
be  proven  before  a  court  of  competent  jurisdiction,  on  a  contest, 
that  a  sufficient  number  of  electors  were  thereby  deprived  of 
their  votes  to  have  changed  the  result  of  the  election. 

Ballots,  tally      Section  47.     Be  it  further  enacted,  etc.,  That  all  ballots  cast 
furnished1  by  state!  *n  a^  elections  for  national,  State,  district  and  parish  and  mu- 
nicipal officers,  or  for  delegates  to  any  constitutional  conven- 
tion, shall  be  printed  and  distributed  at  public  expense  as  here- 
inafter provided.     The  printing  of  the  ballots,  tally  sheets,  and 
cards  of  instruction  to  voters  and  their  distribution  shall  be  paid 
Terms  relative  to  for  by  the  State.     The  term  ''State  Election,"  as  used  in  this 
ceersti0ussedaiin   this  act>  sha1.1  aPP^  to  an^  election  held  for  the  choice  of  a  national, 
act  defined.  State,  district  or  parish  officer,  whether  for  a  full  term  or  for 

the  filling  of  a  vacancy;  and  the  term  "State  Officers"  shall 
apply  to  any  person  to  be  chosen  by  the  qualified  electors  at  such 
election.  The  term  "City  Election"  shall  apply  to  any  election 
held  in  the  city  to  fill  a  municipal  office,  whether  for  a  full  term 
or  a  vacancy ;  and  term  ' '  City  Officer ' '  shall  apply  to  any  person 
to  be  chosen  by  the  qualified  electors  at  such  election. 

NOMINATION  OF  CANDIDATES 

Manner  of  nom-  Section  48.  Be  it  further  enacted,  etc.,  That  all  nominations 
'•  by  political  parties  recognized  by  law  shall  be  as  provided  in  the 
primary  election  laws  as  now  existing,  or  as  may  hereafter  be 
passed  excepting  only  presidential  electors,  who  shall  be  chosen 
and  nominated  in  any  manner  determined  by  a  resolution  of  the 
State  Central  Committee  of  the  respective  political  parties. 

Manner  of  nom-  Section  49.  Be  it  further  enacted,  etc.,  That  whenever  the 
ljeacto?s.pre  iential  State  Central  Comimttee  of  any  political  party,  recognized  by 
law,  shall  order  Presidential  electors  to  be  nominated  by  a  con- 
vention, it  shall  be  the  duty  of  the  chairman  and  secretary  of 
such  convention  to  draft  a  certificate  which  shall  recite  the  reso- 
lution of  the  State  Central  Committee,  which  authorized  the 
convention,  the  time  and  place  that  the  convention  was  held, 
the  election  of  the  chairman  and  secretary  and  the  names  of 
the  persons  nominated  by  the  convention  as  party  candidates 
for  the  office  of  Presidential  Electors.  This  certificate  shall  be 
sworn  to  by  the  chairman  and  secretary,  before  some  officer 
authorized  by  law  to  administer  oaths,  and  deposited  with  the 
Secretary  of  State,  and  said  certificate  shall  constitute  full 
proof  of  the  nomination  it  recites  and  shall  entitle  the  candi- 
dates to  have  their  names  printed  on  the  official  ballot,  under 
the  party  name  and  emblem,  as  the  party  candidate  for  the 
offices  of  Presidential  Electors. 


17 

Section  50.     Be  it  further  enacted,  etc.,  That  nomination  of     Nomination  pa- 
candidates  for  electoral  districts  of  State  or  for  municipal  or  Pers- 
for  parish  or  for  ward  officers  may  be  made  by  nomination 
papers,  signed  for  each  candidate  by  qualified  voters  of  such 
district  or  division,  to  the  number  of  at  least  one  thousand  for 
any  officers  to  be  voted  for  by  the  electors  of  the  State  at  large ; 
one  hundred  for  parish  or  municipal  officers,  members  of  the 
Legislature  or  Congress,  and  twenty-five  for  ward  officers. 

Section  51.  Be  it  further  enacted,  etc.,  That  each  voter  sign-  Manner  of  sign- 
ing a  nomination  paper  shall  add  to  his  signature  his  place  of  j^=snominatiOT1  pa- 
residence,  with  the  street  and  number  thereof,  if  any;  and  each 
voter  may  subscribe  to  one  nomination  for  each  office  to  be  filled 
and  no  more,  and  all  signatures  and  addresses  shall  be  made  in 
person.  The  nomination  papers  shall,  before  being  filed,  be  re- 
spectively submitted  to  the  Registrar  of  Voters  of  the  parish 
in  which  the  signers  purport  to  be  qualified  voters,  and  each 
Registrar  to  whom  the  same  is  submitted  shall  forthwith  certify 
thereon  what  number  of  signatures  are  those  of  qualified  voters, 
in  the  parish  for  which  he  is  a  Registrar  and  in  the  division  for 
which  the  nomination  is  made;  and  it  shall  be  the  duty  of  the 
Registrar  of  Voters  to  certify  to  at  least  fifty  per  cent  more 
names  of  registered  voters  on  applications  for  nomination  pa- 
pers than  are  required  by  law  to  make  a  nomination  under  the 
provisions  of  this  act ;  one  of  the  signers  to  each  separate  paper 
shall  attach  thereto  ms  affidavit  that  the  statements  therein  are 
true  to  the  best  of  his  knowledge  and  belief,  and  he  shall  also 
add  his  post  office  address.  A  signature  once  affixed  to  a  nomi- 
nation paper  can  not  be  withdrawn  after  certification  by  the 
Registrar.  The  Registrar  of  Voters  for  each  and  every  parish 
in  this  State  is  hereby  prohibited  from  certifying  to  the  signa- 
ture on  any  nomination  paper,  as  is  provided  for  herein,  of  any 
voter  who  has  registered  as  affiliating  with  any  political  party 
recognized  under  the  laws  of  this  State.  The  signature  of  any 
voter  who  is  registered  as  affiliated  with  any  political  party  shall 
not  be  computed  or  counted  as  making  up  the  number  of  signa- 
tures requisite  under  this  Act  for  a  candidate  to  be  placed  on 
the  official  ballot  by  nominating  papers.  All  nominating  pa-  Date  to  be  filed 
pers,  as  provided  for  in  this  Act,  shall  be  filed  with  the  Secre-  J? ftatef  ' 
tary  of  State  on  or  before  the  date  on  which  the  primary  election 
is  held  to  nominate  candidates  by  political  parties.  Any  nomi- 
nating papers  filed  with  the  Secretary  of  State  after  any  pri- 
mary is  held  shall  be  null  and  void  and  be  disqualified  by  the 
Secretary  of  State. 

Section  52.     Be  it  further  enacted,  etc.,  That  all  certificates     Form  of 
of  nomination  and  nomination  papers  shall,  besides  containing  llon  certincate- 


18 

the  names  of  candidates,  specify  as  to  each   (1)   the  office  for 
which  the  candidate  is  nominated,    (2)    the  party  or  political 
principle  which  he  represents  expressed  in  not  more  than  three 
words,   (3)   his  place  of  residence  and  his  place  of  business,  if 
any ;  and  in  case  of  nomination  for  a  city  office,  which  street  and 
number  thereof,  if  any.     In  the  case  of  electors  of  President  and 
Vice  President  of  the  United  States  the  names  of  the  candi- 
New  party  how  dates  for  President  may  ibe  added  to  the  party  or  political  ap- 
crgranized.    '  pellation.    Whenever  electors,  more  than  one  thousand  in  num- 

ber, shall  desire  to  organize  a  new  political  party  to  be  recog- 
nized as  such  by  law,  and  shall  have  nominated  a  candidate  or 
candidates  to  be  voted  on  throughout  the  whole  State,  or  in  any 
congressional  district  in  the  State,  they  shall  recite  in  their  cer- 
tificate or  certificates  of  nomination  that  they  are  candidates 
for  party  recognition  under  a  name  selected  by  them.  This 
party  name  shall  be  printed  on  the  official  ballot  above  the  name 
of  their  candidate  or  candidates,  and,  if  at  the  election  following, 
Political  party  their  candidates  or  any  one  of  them,  shall  receive  ten  per  centum 
of  all  the  votes  cast  in  the  entire  State,  the  said  persons,  signing 
said  nomination  papers,  shall  be  recognized  as  a  lawful  political 
party. 

Candidates  other  Section  53.  Be  it  further  enacted,  etc.,  That  candidates  nomi- 
inated  ^y^oiitkSi  nated  otherwise  than  by  political  parties,  which  at  the  preceding 
parties.  State  election,  or  at  the  preceding  congressional  election,  polled 

at  least  ten  per  centum  of  the  entire  vote  cast  in  the  State,  shall 
not  use  the  name  of  any  such  political  party  in  the  political  or 
party  designation  of  their  candidates  so  otherwise  nominated; 
and  in  case  a  nomination  is  made  by  nomination  paper,  only 
the  words,  "Nomination  Paper,"  or  abbreviated  as  "Nom. 
Paper,"  shall  be  added  after  such  designation,  which  in  such 
cases  shall  not  consist  of  more  than  two  words,  except  as  pro- 
vided in  Section  52  of  this  Act. 

nominator?  ^  b°l  Section  54«  Be  it  further  enacted,  etc.,  That  certificates  of 
mod  with  secretary  nomination  of  Presidential  Electors  as  provided  for  in  this  Act 
shall  be  filed  with  the  Secretary  of  State  prior  to  the  fifth  Tues- 
day before  the  day  of  election ;  and  all  nomination  papers  shall 
be  filed  with  the  Secretary  of  State  on  or  before  the  date  of  the 
holding  of  the  primary  election  by  recognized  political  parties ; 
provided,  that  in  case  of  vacancies  where,  under  the  law,  it  be- 
comes necessary  to  hold  an  election  to  fill  a  vacancy,  nomination 
papers  shall  be  filed  on  or  before  the  date  of  the  first  primary 
election  held  to  nominate  candidates  by  any  political  parties 
recognized  by  law. 

^objections  to  reg-      Section  55.     Be  it  further  enacted,  etc.,  That  the  certificates 
of  nomination  for  Presidential  Electors  and  nominating  papers 


19 


Nominations  to  be 


Only    one    candi- 


of 


Withdr  a  w  a  1 
candidates. 


being  so  filed  and  being  in  apparent  conformity  with  the  pro- 
visions of  this  act,  shall  be  deemed  to  be  regular,  unless  objec- 
tions to  their  regularity  is  made  in  writing  within  the  seventy- 
two  hours  after  the  last  day  allowed  by  law  for  filing  such  papers. 
Such  objections  arising  in  relation  thereto  shall  be  considered  by 
a  Contest  Board  composed  of  the  Secretary  of  State,  the  Auditor 
and  the  Treasurer  and  two  electors  to  be  appointed  by  the  Gov-  ditor  and  Treasurer. 
ernor,  within  twenty-four  hours  after  the  last  day  and  hour  for 
the  filing  of  the  objections  and  the  decision  of  the  majority  of 
these  officers  shall  be  final.  In  case  such  objection  is  made,  the 
objector  shall  at  the  same  time  notify  the  party  or  parties  affected 
thereby,  and  shall  certify  under  oath  to  the  Secretary  of  State 
in  what  manner  he  has  notified  such  party.  If  for  any  reason 
no  decision  shall  be  arrived  at  within  said  time,  the  certificate 
shall  be  considered  regular. 

Section  56.  Be  it  further  enacted,  etc.,  That  no  greater  num- 
ber  of  candidates  for  any  office  shall  appear  on  the  official  ballot 
bearing  any  one  party  designation  than  there  are  persons  to  be 
elected  to  such  office,  and  the  name  of  no  candidate  shall  appear 
on  the  official  ballot  in  more  than  one  place. 

Section  57.  Be  it  further  enacted,  etc.,  That  any  person  who 
lias  been  nominated  as  a  candidate  may  cause  his  name  to  be 
withdrawn  from  nomination  by  request  in  writing,  signed  by 
him  and  acknowledged  before  any  officer  qualified  to  administer 
oaths,  and  same  shall  be  filed  with  the  Secretary  of  State  twenty 
days  prior  to  the  election,  and  no  name  so  withdrawn  shall  be 
printed  on  the  ballot. 

Section  58.     Be  it  further  enacted,  etc.,  That  in  case  of  a     Manner  of  fining 
vacancy   occurring   in  the   nomination   made  by   any   political  vacancies  caused  by 

J     ,  _  jn  .     r(1  ,      ...        J,        3      ,?  .       death,     resignation, 

party  under  the  laws  ot  this  btate,  caused  either  by  death,  resig-  etc. 
nation  or  otherwise,  the  same  shall  be  filled  as  provided  for  by 
the  primary  election  laws  of  this  State,  then  in  existence.  In 
case  of  a  vacancy  occasioned  by  death,  resignation  or  otherwise 
among  the  list  of  candidates  for  the  office  of  Presidential  Elector 
nominated  by  a  convention,  same  shall  be  filled  in  the  manner 
provided  for  by  the  convention  or  by  the  State  Central  Com- 
mittee. 

Section  59.    Be  it  further  enacted,  etc.,  That  the  Secretary  of     Blank  forms  for 

CM.  -.     ,,    ,,         .  ,  ,.      ,.          ,  ,       ,     p  <•        ,1  •     nomination  furmsh- 

State  shall  furnish,  upon  application,  blank  forms  for  the  nomi-  ed  by  sercetary  of 
mtion  of  candidates.  state. 

Section  60.    Be  it  further  enacted,  etc.,  That  all  certificates  of     All    nornination 
lomination   and   nomination   papers  when  filed   shall   be   open  papers    open    for 

under  proper  regulations  to  public  inspection,  and  the  Secretary  pul 

of  State  shall  preserve  the  same  in  his  office  not  less  than  one 

year 


20 

Manner  of  reck-      Section  61.    Be  it  further  enacted,  etc.,  That  in  reckoning  the 
oning  days  for  fii-  number  of  days  mentioned  in  this  Act  Sundays  and  holidays 

ing  nominations.          i     v«  i       •      i     -i    -i  •  n 

shall  be  included ;  provided,  however,  that  if  the  final  day  men- 
toned  shall  fall  on  Sunday  or  a  holiday,  the  first  day  previous 
to  such  day  or  days  shall  be  considered  the  final  day  if  the 
period  of  time  precedes  a  certain  day,  act  or  event,  and  the  first 
day  following  such  day  or  days  shall  be  considered  the  final  day 
if  the  period  of  time  follows  a  certain  day  or  event. 

Penalty  for  will-      Section  62.    Be  it  further  enacted,  etc.,  That  any  person  who 
- shall  falsely  make  or  willfully  deface,  or  destroy,   add  to,  or 
tions-  otherwise  alter,  or  tamper  with  any  certificate  of  nomination  or 

nomination  paper,  or  any  part  thereof,  or  any  letter  of  with- 
drawal, or  sign  any  such  certificate  of  paper  contrary  to  the 
provisions  of  this  Act,  or  file  any  certificate  of  nomination  or 
nomination  paper  or  letter  of  withdrawal,  knowing  the  same 
or  any  part  thereof  to  be  falsely  made,  or  suppress  any  certifi- 
cate or  nomination  paper,  or  any  part  thereof  which  has  been 
duly  filed,  shall  be  punished  in  accordance  with  Section  44  of 
this  Act. 

FORM  OF  BALLOT. 

Ballots  to  be  fur-      Section  63.    Be  it  further  enacted,  etc.,  That  all  elections  by 
ofSstate.y  y  the  people,  except  as  otherwise  provided  by  the  primary  election 

laws  of  this  State,  and  municipal  elections  in  town  having  a 
population  of  less  than  twenty-five  hundred,  when  such  elections 
are  not  held  at  the  same  time  as  general  elections,  shall  be  by 
official  ballot,   printed  and  distributed   at  the  expense   of  the 
State;  and  such  ballots  shall  have  printed  thereon,  and  at  the 
head  and  immediately  preceding  the  list  of  names  of  the  candi- 
dates of  each  political  party  or  nominating  paper,   a  specific 
votTngtys t rVaig h°t  an(^  seParate  device  by  which  the  political  party  and  candidates 
ticket.   K  of  such  political  party  or  nominating  paper  may  be  indicated. 

By  stamping  such  device  at  the  head  of  the  list  of  the  candidates 
of  each  political  party,  or  nominating  paper,  the  voter  may  indi- 
cate that  his  vote  is  for  the  entire  straight  ticket  of  the  particu- 
lar party  or  nominating  paper  employing  the  particular  device 
allotted  to  such  political  party  or  nominating  paper.  When  the 
voter  does  not  desire  to  vote  an  entire  straight  party  ticket  he 
may  vote  for  candidates  of  any  political  party  or  nominating 
pap^r  by  stamping  a  blank  space  to  be  left  opposite  the  name  of 
each  candidate  on  said  official  ballot. 

state  Central      The  State  Central  Committee  of  each  of  the  political  parties 
~  in  this  State  shall  select  a  party  device  and  certify  the  same  to 
the  Secretary  of  State,  provided  that,  if  any  two  of  the  State 
Central  Committees  representing  different  parties  should  select 


21 

the  same  device,  the  one  first  selecting  and  certifying  the  same 
to  the  Secretary  of  State  shall  be  entitled  to  the  said  device, 
which  fact  the  Secretary  of  State  shall  make  known  to  the  party 
last  selecting  the  device  in  order  that  such  party  may  have  an 
opportunity  of  making  another  selection.  The  said  device  so 
selected  shall  be  certified  to  by  the  Secretary  of  State  prior  to 
and  not  later  than  the  last  day  for  filing  nominations  by  political 
parties  or  nominating  bodies. 

Whenever  the  approval  of  a  constitutional  amendment  or  other     ~ 

*•      .        i  p  i  •  constit  utional 

question  be  submitted  to  the  vote  of  the  people,  such  question  amendments ;  n  o  w 

shall  be  printed  upon  the  ballot  after  the  list  of  candidates  under  voted- 

each  party  device.     The  ballots  shall  be  so  printed  as  to  give 

to  each  voter  a  clear  opportunity  to  designate  by  mark  in  a 

sufficient  margin  at  the  right  of  the  name  of  each  candidate  his 

choice  of  candidates  and  his  answer  to  questions  submitted. 

Provided,  that  should  any  clerical  or  typographical  errors     provision  relative 
occur  in  the  printing  of  the  official  ballot  or  tally  sheets,  no  can-  to  clerical  errors, 
didate  or  measure  shall  be  prejudiced  thereby,  but  it  shall  be  the 
duty  of  the  Returning  Officers  upon  such  error  being  called 
to  their  attention  to  obtain  from  the  Secretary  of  State  a  certi- 
fied copy  of  the  certificate  of  nomination  or  nomination  paper, 
if  such  error  should  occur  in  the  name  of  the  candidate  being 
voted  for,  or  certified  copy  of  the  measure  voted  for,  and  shall 
thereupon  cause  such  error  to  be  corrected  and  the  returns  to  be 
promulgated  as  if  no  such  error  had  occurred. 

Provided,  that  any  device  or  emblem  which  has  been  selected     Party  devices  or 
by  any  political  party  at  the  time  of  the  passage  of  this  Act  eTbyThisnacteffe 
shall  remain  the  device  or  emblem  of  said  political  party,  with- 
out the  necessity  of  said  political  party  complying  with  any  of 
the  provisions  of  this  Act ;  and,  provided  further,  that  said  po- 
litical party  has  not  lost  its  identity  as  a  political  party  by  either 
failing  to  cast  the  necessary  vote. 

Section  64.    Be  it  further  enacted,  etc.,  That  tne  ballots  fur-     size  of  ballot; 
nished  by  the  Secretary  of  State  shall  be  of  plain  white  paper,  tc0°be  el 

in  weight  not  less  than  the  best  quality  No.  2  book  paper,  and 
of  such  length  and  width  as  may  be  necessary,  provided  that  all 
ballots  furnished  for  use  in  any  one  precinct  shall  be  of  the 
same  length.  Before  distribution  the  ballots  shall  be  so  folded  in 
marked  creases  that  their  width  and  length  will  be  of  con- 
venient size  for  insertion  into  the  ballot  box.  On  the  back  and 
outside,  when  folded,  shall  be  printed  in  great  primer  Roman 
condensed  capitals  "Official  Ballots"  followed  by  the  designation 
of  the  polling  places  and  election  for  which  the  ballot  is  pre- 
pared, the  date  of  election  and  a  fac  simile  of  the  Signature  of 
the  Secretary  of  State. 


22 

Directors  to  vote      The  following  directions  shall  be  conspicuously  printed  on  the 
for  straight  party.  ^aCQ  of  the  ballot  and  around  the  device :  "  To  vote  for  a  straight 

party  ticket  stamp  here." 

Voting  space?.  To  the  right  of  the  name  of  each  candidate  and  on  the  same 

horizontal  line  as  the  name  of  the  candidate,  shall  be  a  square 
hereinafter  calling  a  voting  space.  Voting  spaces  on  any  ballot 
provided  for  any  one  polling  place  shall  be  of  uniform  size  and 
shall  be  arranged  in  a  vertical  column.  Voting  spaces  opposite 
the  names  of  all  candidates  for  the  same  office  shall  be  printed 
as  a  continuous  column.  Voting  spaces  shall  be  printed  solidly 
in  white,  one-quarter  of  an  inch  square,  enclosed  in  black  lines. 
If  in  case  of  any  office,  no  nominations  of  candidates  to  fill  the 
same  have  been  made,  the  title  of  such  office  shall  be  printed 
upon  the  ballot,  and  as  many  blank  spaces  shall  be  left  below 
such  title  as  there  are  persons  to  be  elected  to  the  office,  and  at 
the  right  of  each  such  space  shall  be  a  voting  space. 

Ballots  to  be  uni-      Section  65.    Be  it  further  enacted,  etc.,  That  all  of  the  official 
form-  ballots  prepared  for  the  same  polling  place  shall  be  of  precisely 

the  same  size,  arrangement,  quality  and  tint  of  paper  and  kind 
of  type,  and  shall  be  printed  with  black  ink  of  the  same  tint,  so 
that  it  shall  be  impossible  to  distinguish  any  one  ballot  from  the 
other.  If  at  a  general  election  in  any  Congressional  district  one 
representative  in  Congress  is  to  be  elected  for  a  full  term  and 
another  to  fill  a  vacancy,  the  ballots  containing  the  names  of  the 
candidates  shall  be  a  part  of  the  title  of  the  office  designate  the 
term  or  vacancy  for,  or  to  fill  which  the  candidates  are  severally 
•  nominated. 

Ballots   shall  be      Section  66.    Be  it  further  enacted,  etc.,  That  all  ballots  when 
L  printed  shall  be  folded  as  heinbefore  provided,  and  fastened  to- 
gether with  convenient  numbers  in  packages,  books  and  blocks  in 
such  manner  that  each  ballot  may  be  detached  and  removed 
separately. 

instructions  for  'Section  67.  Be  it  further  enacted,  etc.,  That  the  Secretary  of 
voteVsgUidanCQ  °£  State  shall  Prepare  full  instruction  for  the  guidance  of  voters, 
as  to  obtaining  ballots,  manner  of  marking  them,  the  method  of 
obtaining  assistance,  and  obtaining  new  ballots  in  place  of  those 
accidentally  spoiled,  and  shall  cause  the  same,  together  with 
copies  of  Sections  34,  35,  36  and  44  of  this  Act,  to  be  printed 
in  large  clear  type,  on  separate  cards,  to  be  called  "Cards  of 
Instruction,"  together  with  at  least  three  sample  ballots,  to  be 
nailed  up  in  a  prominent  place  outside  of  each  polling  booth  in 
the  same  manner  as  hereinafter  provided  for  in  Section  70  of 
this  Act,  and  he  shall  furnish  the  same  for  use  at  each  election. 


23 

DELIVERY  OF  BALLOTS. 

Section  68.    Be  it  further  enacted,  etc.,  That  the  Secretary  of  ^aiiot^to  be  sent 
State  shall  send  a  sufficient  number  of  ballots,  together  with  a  pervisors. 
sufficient  number  of  tally  sheets  and  ten  of  the  Beards  of  in- 
structions,  to  the   Boards   of   Supervisors   of  the   several   par- 
ishes so  as  to  be  received  by  them  twenty-four  hours,  at  least, 
previous  to  the  day  of  election.     The  same  shall  be  sent  in  sealed 
packages,   with   marks  on  the   outside   clearly   designating  the 
polling  place  for  which  they  are  intended  and  the  number  of 
ballots  enclosed,  and  the  respective  Boards  of  Supervisors  shall, 
on  delivery  to  them  of  such  packages,  return  receipts  therefor     Penalty  for  de- 
to  the  Secretary  of  'State.     The  Secretary  of  State  shall  keep  a!g[a^cr'etary  of 
record  of  the  time  when  and  the  manner  in  which  the  several 
packages  are  sent  and  of  the  number  of  ballots  in  each  package, 
and  shall  preserve  the   same  for  the  period   of  one  year,   to- 
gether with  the  receipts  of  the  Boards  of  Supervisors. 

Section  69,    Be  it  further  enacted,  etc.,  That  the  several  Boards     cards  of  instruc- 


•     •  n          -i  i  •         tlori,     tcilly  , 

of  Supervisors  shall  send  to  the  commissioners  of  each  voting  etc.,    sent    out    by 


place,  before  the  opening  of  the  polls  on  the  day  of  election,  cards  ^°s^s    of    Super 

of  instructions,  tally  sheet  blanks,  forms  and  one  set  'of  ballots 

as  sealed  and  marked  by  the  Secretary  of  State  for  such  voting 

place;  and  a  receipt  of  such  delivery  shall  be  returned  to  them 

from  the  commissioners  present,  which  receipt  shall  be  kept  for 

the  period  of  one  year.     At  the  opening  of  the  polls  in  each  poll- 

ing place  the  seal  of  the  package  shall  publicly  opened  and  the 

package  shall  be  opened  by  the  commissioners,  and  the  book  or 

blocks  of  ballots  shall  be  delivered  to  the  commissioners  of  elec- 

tion hereinafter  provided  for.     The  cards  of  instructions  and 

sample  ballots  shall  be  immediately  posted  at  or  in  each  voting 

shelf  or  compartment  provided  in  accordance  with  this  Act  and 

not  less  than  three  such  cards  shall  be  posted  in  or  about  the 

polling  room,  outside  of  the  barrier. 

.Section  70.  Be  it  further  enacted,  etc.,  That  in  case  the  ballots 
to  be  furnished  to  ,any  voting  place,  in  accordance  with  the  pro-  those  lost  or  stolen. 
visions  of  this  Act,  shall  fail  for  any  reason  to  be  delivered,  or  in 
case  after  delivery  they  shall  be  destroyed  or  stolen,  it  shall  be 
the  duty  of  the  Board  of  Supervisors  to  cause  other  ballots  and 
cards  of  instruction  to  be  prepared  substantially  in  the  form  and 
to  the  number  of  the  ballots  wanting  and  to  be  furnished  ;  and, 
upon  receipt  of  such  other  ballots  from  them,  accompanied  by  a 
statement  under  oath  that  the  same  have  been  so  prepared  and 
furnished  by  them  and  that  the  original  ballots  have  failed  to 
be  received  or  have  been  destroyed  or  stolen,  the  Commissioners 
shall  cause  the  ballots  so  substituted  to  be  used  in  lieu  of  the 


24 

-written  state-  ballots  wanting,  as  above.  The  written  statement  under  oath  ; 
nSed  Secretary^  °^  tne  Board  of  Supervisors  shall  be  made  part  of  the  returns,  j 
state.  and  shall  be  enclosed  in  the  envelope  containing  the  compiled 

statement  of  the  national,  'State  and  parochial  offices  to  the  Sec- 
retary of  State. 

voting  booth  and      Section  71.    Be  it  further  enacted,  etc.,  That  the  officers  whose 
shelves  for  cities  of  duty  it  is  to  designate  and  appoint  polling  places  in  cities  of 

more     than     50,000          J  „  „ :  «,   .    ,     f  f' 

inhabitants.  more  than  fifty  thousand  inhabitants  shall  cause  the  same  to  be 

provided  with  voting  shelves  /and  compartments,  known  as 
polling  booths,  in  which  voters  may  conveniently  mark  their  bal- 
lots. There  shall  'be  in  each  polling  place,  during  each  election, 
a  sufficient  number  of  voting  booths,  and  not  less  than  one  for 
every  one  hundred  voters  in  the  precinct.  Each  such  booth  shall 
be  at  least  six  feet  square,  shall  have  four  sides  enclosed,  each 
at  least  six  feet  high,  and  the  one  in  front  shall  open  and  shut 
as  a  door  swinging  outwards  and  shall  extend  within  two  feet  ol 
the  floor.  Each  such  booth  shall  contain  a  shelf  which  shall  be, 
one  foot  wide,  extending  across  one  side  of  the  booth  at  a  con 
venient  height  for  writing,  and  shall  be  furnished  with  such  sup- 
plies and  conveniences,  including  black  ink,  pads,  blotting  paper 
and  pencils  having  black  lead  only  as  will  enable  the  voters  to 
conveniently  prepare  their  ballots  for  voting.  Each  polling 
booth  shall  be  furnished  with  stamps  or 'dies  for  making  the 
voting  marks  upon  the  ballots,  and  shall  have  inking  pads  with 
ink  of  uniform  color  and  quality.  Each  booth  shall  be  kept 
clearly  lighted,  while  the  polls  are  open,  by  artificial  lights  if 
necessary.  A  barrier  shall  be  placed  at  each  polling  place  at 
least  six  feet  from  the  ballot  boxes  and  the  booths,  and  no  ballot 
box  or  booth  shall  be  placed  within  six  feet  of  such  barrier,  and 
each  barrier  shall  be  provided  with  a  separate  entrance  and 
separate  exit.  The  arrangements  of  the  polling  place  shall  be 
such  that  the  booths  can  only  be  reached  by  passing  within  the 
barrier,  and  that  the  booths,  ballot  boxes,  commissioners  and 
every  part  of  the  polling  places,  except  the  inside  of  the  booth, 
shall  be  in  plain  view  of  the  commissioners  and  of  persons  just 
outside  of  the  barrier.  Such  booths  shall  be  so  arranged  that 
there  shall  be  no  access  to  intending  voters  or  to  the  booths 
through  any  door,  window  or  opening,  except  by  the  door  in  front 
of  said  booth. 

PREPARATION  OF  BALLOT  AND  VOTING. 

Delivery  of  ballot      Section  72.    Be  it  further  enacted,  etc.,  That  any  person  de- 

s?oner?r  '  &"  siring  to  vote  shall  give  his  name,  occupation  and  registration 

paper,  if  such  be  provided  for,  to  the  presiding  commissioner, 

who  shall  thereupon  announce  the  same  in  a  loud  and  distinct 


25 

tone  of  voice,  clear  and  audible,  and  if  such  name  is  found  upon 
the  registration  list  ;by  the  commissioner  having  charge  thereof, 
he  shall  likewise  repeat  the  same.  The  commissioner  shall  give 
him  one,  and  only  one  ballot,  and  his  name  shall  be  immediately 
checked  on  said  list,  and  shall  also  be  entered  upon  a  poll  list, 
which  shall  be  numbered  from  one  to  the  end,  before  he  deposits 
his  ballot  in  the  box. 

The  commissioner  in  charge  of  the  poll  list  immediately  after  List  of  voters  to 
entering  the  voter 's  name  thereon,  and  on  the  same  line  with  the  bG  kept 
voter's  name  shall,  by  making  a  cross,  indicating  that  this  voter 
has  received  one  ballot;  and  should  the  voter  return  the  first 
ballot  and  receive  a  second  ballot,  the  commissioner  in  charge  of 
the  poll  list  shall  place  opposite  'the  voter's  name  and  on  the 
same  line  on  the  poll  list  and  next  to  the  first  cross  a  second 
cross ;  these  crosses  shall  be  the  record  of  the  number  of  ballots 
obtained  by  any  voter.  After  three  crosses  have  been  placed 
opposite  the  name  of  any  voter  on  the  poll  list,  said  voter  shall 
receive  no  more  ballots. 

'Section  73.    Be  it  further  enacted,  etc.,  That  on  receiving  his  .  Manner  of  mark- 
ballot  the  voter  shall  forthwith,  and  without  leaving  the  enclosed  ir 
space,  retire  alone  to  one  of  the  voting  booths  or  to  the  table  or 
shelf,   and  without   undue   delay  unfold   and   mark  his   ballot 
therein  as  hereafter  prescribed. 

When  the  voter  has  so  marked  the  ballot  received  by  him  he     Manner  of  piac- 
shall,  before  leaving  the  booth  or  enclosed  space,   refold  the  ir 
ballot,  immediately  cast  the  same  and  leave  the  voting  place. 

Every  voter  who  does  not  vote  a  ballot  delivered  to  him  by  the     Ball°t  to  be  re- 

T_    n    ,  .  -I     11     i     r>  •  •  T  .  turned    to    commis- 

ballot  commissioner  shall,  before  passing  outside  the  harrier  or  sioner  if  not  voted, 
enclosed  space  return  such  ballot  to  such  officer,  who  shall  stamp 
the  same  "spoiled"  and  deposit  in  the  box  for  spoiled  ballots. 
And  the  voter  shall  not  again  return  within  the  barrier. 

No  ballot,  either  spoiled  or  otherwise,  shall  be  carried  away  .  Provisions   regu- 

„  '.  ,  .    -T      .,  '   ,  J  lating   order   and 

from  the  voting  place  or  taken  outside  the  barrier.  manner  of  voting. 

No  more  voters  shall  be  permitted  to  pass  the  barrier  than  there 
are  unoccupied  booths  provided  for  in  this  Act. 

No  voter  shall  be  allowed  to  occupy  a  booth  already  occupied 
by  another  or  to  occupy  a  ibooth  or  enclosed  space  more  than 
three  minutes  or  to  speak  or  converse  with  any  one,  except  as  in 
this  Act  provided,  while  within  the  barrier.  It  shall  be  unlawful 
for  a  voter  to  deface  or  tear  any  ballot  or  mark  the  same  other- 
wise than  as  provided,  in  this  section. 

Every   ballot  voted  which   is   defaced   or  torn,   or  which   is     same, 
marked  otherwise  than  as  in  this  section  provided,  shall  be  treated 
as  a  'ballot  marked  for  identification. 


26 

If  a  voter  tear,  soil  or  deface  a  ballot  so  that  it  cannot  be  used, 
he  may  successively  obtain  others,  one  at  a  time,  not  exceeding 
in  all  three,  upon  returning  each  ballot  so  torn,  soiled  or  defaced 
to  the  commissioner,  which  ballot  so  returned  shall  be  immedi- 
ately marked  or  stamped  "spoiled"  across  the  official  endorse- 
ment and  placed  in  the  box  for  spoiled  ballots  and  entry  of  such 
fact  made  on  the  poll  list  as  required  by  this  Act. 

Same.  If  he  desires  to  vote  for  a  person  other  than  a  nominee  or 

political  parties,  he  must  write  in  his  own  handwriting  the  name 
of  such  person  in  the  space  provided  for  such  purpose,  with  a 
pencil  having  a  black  lead,  and  stamp,  with  the  official  stamp  the 
white  square  in  the  voting  space  at  the  right  of  the  name  so 
written. 

Assistance   to      Provided,  that  if  the  voter  from  being  unable  to  write  by 

ai^nera^e nCut?eSd  reason  of  physical  disability  or  illiteracy,  he  shall  be  entitled  to 

thereto.  assistance  of  a  commissioner,  who  shall  for  him  write  the  name  or 

names  he  desires  in  the  blank  column  and  stamp  the  ballot  in  the 

presence  of  at  least  one  other  commissioner. 

Manner  of  voting      In  marking  a  ballot  upon  which  is  printed  for  submission  to  the 
amen(Sn2nt1sUUi°nal  voters  any  question  of  the  adoption  of  a  constitutional  amend- 
ment, or  any  other  proposition  or  question,  he  shall  obliterate 
with  the  official  stamp  the  white  square  in  the  voting  space  after 
the  word  ' '  yes ' '  printed  at  the  right  of  the  question,  for  an  affir- 
mative vote  upon  such  question;  or  he  shall  obliterate  with  the 
official  stamp  the  white  square  after  the  word  "no"  similarly 
printed  for  negative  vote  upon  such  question. 
Penalty  for  fraud-      Section  74.    Be  it  further  enacted,  etc.,  That  whenever  there 

-alent   tabulation   of  .  /  '        _ 

votes  en  Constitu-  shall  appear  on  the  official  ballot  to  be  voted  lor  at  general  elec- 
tkmai  amendments,  f-jons  held  under  this  law,  a  proposition  for  an  amendment  to  the 
State  Constitution,  or  a  proposition  for  a  tax  levy  or  any  propo- 
sition appearing  on  the  official  ballot  proposed  by  the  General 
Assembly,  or  on  a  petition  of  citizens,  it  shall  be  the  duty  of 
commissioners  and  clerks  of  election  to  tabulate  and  correctly 
count  and  make  returns  of  the  votes  cast  thereon  the  same  as  in 
the  case  of  candidate,  and  any  violation  of  this  section  shall  be 
deemed  a  misdemeanor  and  punishable  by  fine  of  not  less  than 
one  hundred  dollars  and  not  more  than  five  hundred  dollars,  and 
imprisonment  in  the  parish  prison  or  police  jail  for  not  less  than 
six  months  nor  more  than  one  year. 

AH  ballots  to  have      Section  75.     Be  it  further  enacted,  etc.,  That  no  ballot  with- 
inental  > r  s  G-  out  the  official  endorsement,  shall  except  as  herein  otherwise  be 

allowed  to  be  deposited  in  the  ballot  box,  and  none  but  ballots 
provided  in  accordance  with  the  provisions  of  this  act  shall  be 
counted.  Any  voter  who  declares  to  the  presiding  commissioner 
that  by  blindness  or  other  physical  disability  he  is  unable  to  mark 


27 

Ids  ballot,  shall,  upon  request,  receive  the  assistance  of  two  of 
tfre  commissioners,  who  shall  be  of  different  political  parties,  or  commissioners  to 
factions,  represented  among  the  commissioners,  in  the  marking 
thereof,  and  neither  the  voter  nor  the  said  commissioners  shall  to. 
thereafter  give  any  information  regarding  the  same.  The  com- 
missioner shall  require  such  declaration  of  disability  to  be  made 
by  the  voter  under  oath  before  him,  and  he  is  hereby  qualified 
to  administer  the  same. 

Section  76.  Be  it  further  enacted,  etc.,  That  any  voter  or  Relative  'to  se- 
conimissioner  who  shall  except  as  hereinbefore  provided,  allow  crecy  of  b^1Iot- 
his  ballot  to  be  seen  by  any  person  with  an  apparent  intention  of 
letting  it  be  known  how  he  is  about  to  vote,  or  place  any  dis- 
tinguishing mark  upon  his  ballot,  or  who  shall  make  a  false 
statement  as  to  his  inability  to  mark  his  ballot,  or  any  person 
who  shall  interfere  or  attempt  to  interfere  with  any  voter  when 
inside  said  enclosed  space  or  when  marking  his  ballot,  or  who 
shall  endeavor  to  induce  any  voter  before  voting  to  show  how  he 
is  about  to  mark,  or  has  marked  his  ballot,  or  otherwise  violates 
any  of  the  provisions  of  this  Act,  shall  'be  punished  in  accordance 
with  Section  44  of  this  Act. 

Section  77.    Be  it  further  enacted,  etc.,  That  any  person  Who    ^Penalty    for    de- 
shall,  prior  to  or  during  an  election,  willfully  deface  or  destroy  ofninstruct?ons,aetdcS 
any  card  of  instruction  or  sample  ballot  printed  or  posted  for 
the  instruction  of  voters,  willfully  remove  or  destroy  any  of  the 
supplies  or  conveniences  furnished  to  enable  a  voter  to  prepare 
his  ballot,  or  shall  willfully  hinder  the  voting  of  others,  shall  be 
punished  in  accordance  with  Section  44  of  this  Act. 

Every  commissioner  of  election,  or  other  officer  or  person  hav-     Penalty  for  de- 
ing  the  custody  of  any  record  register  of  votes,  or  copy  thereof,  ^^^  °f  et?stbr 
oath,  return  of  votes,  certificates,  poll  lists,  or  any  paper,  docu-  commissioner  or 
ment  or  evidence  of  any  description  in  this  Act  directed  to  be  others- 
made,  filed  or  preserved,  who  is  guilty  of  stealing,  willfully  de- 
stroying,  mutilating,   defacing,   falsifying,   or  fraudulently   re- 
moving or  secreting  the  whole  or  any  part  thereof,  or  who  shall 
fraudulently  make  any  entry,  erasure  or  alteration  therein,  ex- 
cept as  allowed  and  directed  by  the  provisions  of  this  Act  or  who 
permits  any  other  person  so  to  do,  shall  be  guilty  of  a  felony,  and 
upon  conviction  thereof  be  punished  in  accordance  with  Section 
44  of  this  Act. 

Section  78.  Be  it  further  enacted,  etc.,  That  any  person  in  the  renaity  for  any 
employment  of  any  railway,  express,  or  other  transportation  othe^corn^n^car- 
company  or  anv  other  common  carrier,  or  any  person,  who  shall  rier,  who  snail  de- 

11  --I        i  -I      •  •.    j?  .1       'ay,    steal   or   de- 

delay,  steal,  destroy  or  make  way  with  while  in  transit  from  the  stroy  election  mat- 
office  of  the  Secretary  of  State  to  the  Board  of  Supervisors  of  ters  in  transit- 
Election  of  any  parish  in  this  State,  any  box  or  package  con- 


28 

taming  ballots  or  other  election  supplies,  shall  be  guilty  of  a 
felony,  and  upon  conviction  thereof  be  punished  in  accordance 
with  Section  44  of  this  Act. 

And  every  person  not  <an  officer  who  is  guilty  of  the  aforesaid 
acts  or  who  advises,  procures,  or  abets  the  commission  of  the 
same,  or  any  of  them  shall,  upon  conviction  thereof,  be  pun- 
ished in  accordance  with  Section  44  of  this  Act. 

Manner  of  count-  Section  79.  Be  it  further  enacted,  etc.,  That  as  soon  as  the} 
polls  are  closed  the  Commissioners  shall  at  once  rule  off  and 
sign  and  swear  to  the  poll  list,  writing  out  beneath  the  said  ruling 
the  number  of  votes  contained  thereon,  and  shall  seal  up  and ; 
mark  on  the  wrappers  with  the  ward  and  precinct  number  all' 
unused  ballots,  including  all  ballots  that  have  been  spoiled  and 
defaced  by  voters  in  attempting  to  mark  same,  and  shall  en- 
dorse thereon  the  number  of  ballots  therein  contained.  The 
officers  in  charge  of  the  poll  books  shall  in  the  presence  of  the 
other  officers  and  the  public,  count  in  a  distinct  and  audible 
voice  the  names  checked  on  said  list  and  announce  the  whole 
number  thereof,  and  compare  the  same  with  the  poll  list,  cor- 
recting any  discrepancies  between  them  and  noting  the  same  at 
the  bottom  of  the  poll  list  before  proceeding  with  the  count. 
The  ballot  box,  without  being  removed  from  the  public  view, 
shall  be  opened  by  the  presiding  officer,  and  the  Commissioners 
shall  commence  by  counting  the  ballots  found  therein  without 
unfolding  them  except  so  far  as  to  ascertain  that  each  ballot  is 
single,  and  by  comparing  the  ballots  found  in  the  box  with  the 
number  shown  by  the  poll  lists  to  have  been  deposited  therein. 
If  the  ballots  found  in  any  box  shall  be  more  than  the  number  of 
ballots  so  shown  to  have  been  deposited  therein,  such  ballots  shall 
all  be  replaced  without  being  unfolded  in  the  box  from  which 
they  were  taken,  and  one  of  the  Commissioners  shall,  without 
seeing  the  same  and  with  his  back  to  the  box,  thoroughly  mingle 
the  ballots  together,  and  another  commissioner  shall,  without 
seeing  the  same,  and  with  his  back  turned  to  the  box,  publicly 
draw  as  many  ballots  as  shall  be  equal  to  such  excess,  and  with- 
out unfolding  them,  the  commissioner  shall  forthwith  mark  the 
same  "uncounted  in  excess  of  poll  list,"  and  attach  a  signed 
statement  of  the  number  of  ballots  so  uncounted,  which  state- 
ment, and  the  uncounted  ballots  shall  be  made  up  into  a  sep- 
arate package  and  deposited  in  the  ballot  box  prior  to  its  being 
sealed  up  in  accordance  with  the  provisions  of  this  Act.  If 
two  or  more  ballots  shall  be  found  in  a  ballot  box,  so  folded 
together  as  to  present  the  appearance  of  a  single  ballot,  they 
shall  not  be  counted  if  the  whole  number  of  ballots  in  such  ballot 
box  exceeds  the  whole  number  of  ballots  shown  by  the  poll  list  to 


29 

have  been  deposited  therein.  No  ballot  that  has  not  the  official 
endorsement  shall  be  counted,  except  such  as  are  voted  in  accord- 
ance with  the  provisions  of  this  act  relative  to  official  ballots. 
All  such  uncounted  ballots  shall  be  endorsed  and  deposited  in 
the  ballot  box  when  it  is  finally  sealed  up  in  accordance  with  the 
provisions  of  this  act. 

If  on  any  ballot,  the  voter  has  not  made  the  voting  mark,  as  Spoiled  ballot, 
required,  or  if  he  has  not  made  the  voting  mark  opposite  the  an- 
swer to  any  question  submitted,  or  has  made  such  mark  opposite 
both  the  negative  and  affirmative  answers  to  such  questions,  or 
for  any  reason  it  is  impossible  to  determine  the  choice  of  any 
voter  for  any  office  or  his  vote  upon  any  question,  his  vote  for 
such  office  or  upon  such  questions  shall  be  counted  as  a  blank. 

Any  Commissioner  may  declare  his  belief  that  any  particular  objections  may 
ballot  has  been  marked  for  identification  and  may  object  to 
any  decision  to  count  or  not  to  count  any  vote.  When  a  Com- 
missioner shall,  during  the  canvass  of  the  votes  or  immediately 
after  the  completion  thereof,  declare  his  belief  that  any  particu- 
lar ballot  has  been  written  upon  or  marked  in  any  way  for  the 
purpose  of  identification,  the  Commissioner  shall  write  on  the 
back  of  each  ballot  the  word  objected  to  because  marked  for  iden- 
tification, and  sign  their  names  thereto.  Each  such  ballot  shall 
be  counted  by  them  the  same  as  if  not  so  objected  to.  All  such 
ballots  shall  'be  placed  forthwith  in  a  separate  pile  and  all  such 
piles  shall  be  enclosed  in  a  securely  sealed  package,  which  shall 
be  endorsed  "ballots  objected  to  because  marked  for  identifica- 
tion," and  with  the  signatures  of  the  Commissioners,  and  such 
package  shall  be  attached  to  their  written  statement  of  the  re- 
sult of  the  canvass.  Every  ballot  which  a  voter  has  defaced  or 
torn  or  which  he  has  marked  in  any  manner  save  as  provided  in 
this  Act,  shall  likewise  be  endorsed  ' l  objected  to  because  marked 
for  identification,"  and  shall  likewise  be  enclosed  in  the  pack- 
age so  marked. 

When  any  Commissioner  shall  object  to  any  decision  of  the  statement  of 
Commissioners  to  count  any  vote,  the  Commisisoners  shall  im- 
mediately  fold  the  ballot  and  write  in  ink  upon  the  back  thereof  ballots. 
a  number  to  identify  the  ballot,  and  the  words  "objected  to 
by. ' '  They  shall  then  endorse  below  such  words  a  concise  state- 
ment of  the  precise  decision  objected  to.  The  Commissioners 
concurring  in  the  decision  shall  thereupon  sign  their  names  to 
such  statement,  and  the  Commissioner  objecting  to  the  decision 
shall  sign  his  name  and  address  after  the  words  "objected  to 
by."  All  such  ballots  shall  be  placed  forthwith  in  a  separate 
pile,  and  shall  be  enclosed  in  a  securely  sealed  package  which 
shall  be  endorsed  "ballots  objected  to  as  incorrectly  canvassed," 


30 

and  with  the  signatures  of  the  Commissioners  and  each  such 
packages  shall  be  attached  to  their  written  statements  of  the  re- 
sults of  the  canvass. 

Provisions  of  pri-  Section  80.  Be  it  further  enacted,  etc.,  That  should  there  be 
ws°coSmct!  any  conflict  'between  any  of  the  provisions  of  this  act  and  any 
of  the  provisions  of  the  Primary  Election  Law,  passed  at  this 
session  of  the  General  Asembly,  the  provisions  of  the  Primary 
Election  Law  shall  govern,  the  repealing  clause  of  this  law  to 
the  contrary  notwithstanding. 

REPEALING  CLAUSE. 

Repealing  clause.  Section  81.  Be  it  further  enacted,  etc.,  That  all  laws  or  parts 
of  laws  contrary  to  or  in  conflict  with  the  provisions  of  this  act 
are  hereby  repealed. 

FERNAND  MOUTON, 
Lieutenant  Governor  and  President  of  the  Senate. 

HEWITT  BOUANCHAUD, 
Speaker  of  the  House  of  Representatives. 
Approved:   July  5,  1916. 

R.   G.   PLEASANT, 
Governor  of  the  State  of  Louisiana. 
*       A  true  copy:  ' 

JAMES  J.  BAILEY, 

Secretary  of  State. 


ACT  No.  97. 

House  Bill  No.  220.  By  Mr.  Barron. 

AN  ACT 

To  provide  for  calling,  holding,  conducting  and  regulating  pri- 
mary elections  by  political  parties  and  to  define  the  term 
political  party;  to  provide  for  defraying  expense  of  said 
primary  elections;  and  to  prescribe  what  violation  of  the 
provisions  of  this  act  shall  be  offenses  and  to  provide  pen- 
alties for  same;  and  to  repeal  all  laws  or  parts  of  laws  in 
conflict  herewith. 

Section  1.  Be  it  enacted  by  the  Legislature  of  Louisiana, 
that  all  political  parties  shall  make  all  nominations  for  candi- 
dates for  the  United  States  Senate,  Members  of  the  House  of 
Representatives  in  the  Congress  of  the  United  States,  all  State, 
district,  parochial  and  ward  officers,  Members  of  the  Senate  and 
Ho.use  of  Representatives  of  the  State  of  Louisiana,  and  all  city 
and  ward  officers  in  all  cities  containing  more  than  five  thou- 
sand population,  by  direct  primary  elections. 

That  any  nomination,  of  any  person  for  any  of  the  aforesaid 
mentioned  offices  by  any  other  method  shall  be  illegal,  and  the 
Secretary  of  State  is  prohibited  from  placing  on  the  official 
ballot  the  name  of  any  person  as  a  candidate  for  any  political 
party  not  nominated  in  accordance  with  the  provisions  of  this 
Act. 

Section  2.  That  the  term  "Political  Party"  as  used  in  this 
act  is  defined  to  be  a  political  party  that  shall  have  cast  at  the 
least  five  per  centum  (5%)  of  the  entire  vote  cast  in  the  State 
at  the  last  preceding  gubernatorial  election,  or  five  per  centum 
(5%)  of  the  entire  vote  cast  for  the  Presidential  Electors  at  the 
last  preceding  presidential  election. 

Section  3.  That  the  State  Central  Committee  of  the  politi- 
cal parties  coming  within  the  provisions  of  this  act  shall,  on 
the  first  Tuesday  in  October  next  preceding  the  date  of  the 
general  State  election  held  in  the  State  for  Governor  and  all 
other  State  officials,  meet  and  issue  a  call  for  a  primary  elec- 
tion to  nominate  candidates  for  said  political  parties  for  Gov- 
ernor or  other  State  officers ;  they  shall  select  as  the  date  for  the 
holding  of  said  primary  the  third  Tuesday  of  January  follow- 
ing the  date  of  the  meeting  of  said  State  Central  Committee. 

That  in  any  year  in  which  a  United  States  Senator  is  to  be 
elected,  at  the  same  time  that  the  members  of  the  House  of  Rep- 
resentatives in  the  Congress  of  the  United  States  are  to  be 
elected,  as  provided  by  the  laws  of  this  State,  the  State  Cen- 
tral Committees  of  the  parties,  coming  within  the  provisions 
of  this  act,  shall  meet  on  the  first  Tuesday  of  July  preceding 
the  congressional  election  and  issue  a  call  for  a  primary  elec- 
tion to  nominate  a  candidate  for  the  United  States  Senate. 


They  shall  select  as  the  date  for  the  holding  of  said  primary  the 
second  Tuesday  of  September  following  the  date  of  said  meet- 
ing of  the  said  State  Central  Committee. 

Section  4.  That  within  twenty  days  after  the  issuance  of 
said  call  by  the  State  Central  Committee  for  said  primary  elec- 
tion to  nominate  candidates  for  State  officers,  as  hereinbefore 
provided,  the  respective  district  and  parochial  committees  shall 
meet  and  order  that  all  nominations  for  district,  parochial  and 
ward  officers,  and  members  of  the  General  Assembly  of  the 
State  of  Louisiana,  that  are  required  by  law  to  be  voted  for  at 
the  general  State  election,  shall  be  made  by  direct  primary  on 
the  same  date  and  at  the  same  places  at  which  candidates  for 
State  officers  are  voted  for. 

Section  5.  That  the  congressional  district  executive  com- 
mittees of  the  political  parties  coming  within  the  provisions  of 
this  act,  shall,  on  the  first  Tuesday  of  July  preceding  the  con- 
gressional elections,  meet  and  issue  a  call  for  a  primary  elec- 
tion to  nominate  candidates  for  said  political  parties  for  mem- 
bers of  the  House  of  Representatives  of  the  Congress  of  the 
United  States.  That  they  shall  select  as  the  date  for  the  hold- 
ing of  said  primary  election  the  second  Tuesday  of  September 
following  the  date  of  the  said  meeting  of  the  said  committees. 

Section  6.  That  whenever  any  Justice  of  the  Supreme  Court, 
Judge  of  the  Court  of  Appeal,  Railroad  commissioner  or  mem- 
ber of  the  State  Board  of  Equalization,  or  any  other  State 
Board  or  Commission  or  any  officer  oj:  State  character  whose 
election  may  be  provided  by  law,  is  to  be  elected  at  the  same 
time  that  the  tGovernor  and  other  State  officers  are  to  be  elec- 
ted, it  shalfbe  the  duty  of  the  State  Central  Committee  of  each 
political  party  coming  under  the  provisions  of  this  act,  to  order 
primary  elections  to  be  held  on  the  date  fixed  for  the  guber- 
natorial primary  in  the  respective  districts  in  which  these  of- 
ficers are  to  be  voted  for,  to  nominate  candidates  for  such  of- 
fices; and  whenever  any  one  or  more  of  the  above  named  of- 
ficers are  to  be  elected  at  a  congressional  election,  it  shall  be 
the  duty  of  the  Executive  Committee  of  the  respective  districts 
to  meet  on  the  first  Tuesday  in  July  of  the  year  in  which  the 
congressional  election  is  to  be  held  and  order  a  primary  to  be 
held  on  the  second  Tuesday  in  September  next  following  said 
meeting  for  the  purpose  of  nominating  candidates  for  such  of- 
fice or  offices. 

That  whenever  any  State,  district,  judicial,  parochial  or  mu- 
nicipal officers  are  to  be  elected  at  the  same  time  and  on  the  same 
date  on  which  Congressmen  are  to  be  elected,  the  respective  ex- 
ecutive committees  of  the  political  parties,  having  authority  for 
calling  elections  to  make  such  nominations,  shall,  within  ten  (10) 
days  after  the  ordering  of  the  primary  election  to  nominate  for 
Congress,  meet  and  issue  a  call,  ordering  and  directing  that  a 


primary  be  held  to  make  nominations  for  such  State,  district, 
judicial,  parochial  or  municipal  officers  at  the  same  time  and 
at  the  same  places  at  which  the  congressional  primary  is  held. 

Section  7.  The  members  of  the  State  Central  Committee,  from 
the  parishes  or  wards  which  comprise  a  Supreme  Court  District, 
a  Court  of  Appeal  District,  a  Railroad  Commission  District,  or 
a  Congressional  District,  shall  constitute  the  Executive  Com- 
mittee of  the  political  party  of  which  they  are  members  for  such 
several  districts.  And  the  chairman  of  the  State  Central  Com- 
mittee shall  designate  one  member  of  such  committee  as  chair- 
man of  said  committee  and  one  member  as  secretary  of  said 
committee,  which  chairman  and  secretary  shall  exercise  all  pow- 
ers necessary  for  the  convoking  of  said  committee  and  all  other 
powers  given  to  the  chairman  and  secretary  until  such  com- 
mittee shall,  under  the  rules  of  the  State  Central  Committee, 
select  its  own  chairman  and  secretary. 

Section  8.  That  the  respective  committees  of  the  various  po- 
litical parties,  having  authority  to  order  nominations  for  mu- 
nicipal or  ward  officers  in  any  municipality  coming  under  the 
provisions  of  this  Act  where  election  of  such  officers  does  not 
fall  on  the  same  date  at  which  a  general  State  election  for  State 
officers  is  held,  or  on  the  same  date  at  which  Congressmen  are 
elected,  shall  meet  ninety-one  days  prior  to  the  date  of  holding 
said  elections  and  shall  order  a  primary  election  held  to  nominate 
candidates  for  said  municipal  and  ward  officers,  not  less  than 
sixty  and  not  more  than  seventy  days  prior  to  the  date  at  which 
said  officers  are  to  be  elected. 

Section  9.  That  whenever  a  special  election  is  held  to  fill  a 
vacancy  for  an  unexpired  term,  caused  by  death,  resignation 
or  otherwise  of  any  officer,  the  respective  committees  having 
authority  to  call  primary  elections  to  nominate  candidates  for 
said  office,  shall  have  full  authority  to  fix  the  date  at  which  a 
primary  election  shall  be  held  to  nominate  candidates  in  said 
special  election,  which  date  shall  not  be  less  than  ten  days  after 
the  special  election  shall  have  been  ordered. 

Section  10.  That  the  qualifications  of  voters  and  candidates 
in  primary  elections,  held  under  this  act,  shall  be  the  same  as 
now  required  by  the  Constitution  and  election  laws  of  this  State 
for  voters  at  general  elections  and  the  further  qualifications 
prescribed  by  the  State  Central  Committee  of  the  respective  po- 
litical parties  coming  under  the  provisions  of  this  act. 

Section  11.  That  any  member  of  any  committee  calling  a 
primary  election,  or  any  person  who  has  filed  his  application  to 
become  a  candidate,  may  file  in  writing  an  objection  to  any  other 
person  who  has  filed  his  application  to  become  a  candidate  with 
the  committee  calling  the  primary;  that  said  objection  shall 
contain  in  detail  the  reasons  why  such  other  candidate  is  not 
a  duly  qualified  candidate  under  the  qualifications  prescribed 


by  the  party  calling  the  primary;  provided,  however,  that  any 
such  objection  shall  be  made  within  five  days  after  the  last  day 
upon  which  persons  may  file  notification  to  become  candidates. 
Wherever  such  objection  shall  have  been  filed  the  committee 
calling  the  primary  shall  convene  48  hours  after  the  objection 
shall  have  been  placed  in  the  hands  of  the  chairman  of  the  com- 
mittee and  served  upon,  the  person  interested,  and  determine 
within  24  hours  after  the  objection  and  answer  to  same,  if  one 
be  filed,  shall  have  been  heard,  whether  or  not  the  person  apply- 
ing to  be  a  candidate  is  qualified,  and  in  event  that  the  com- 
mittee shall  determine  that  such  person  is  so  qualified,  the  deci- 
sion shall  be  final;  in  event  the  committee  shall  determine  that 
such  person  is  not  so  qualified,  such  person  shall  have  the  right 
to  appeal  from  the  decision  of  the  committee  to  any  court  of  com- 
petent jurisdiction,  and  that  the  jurisdiction  of  the  court,  time  of 
filing  petition  and  answer  procedure  and  appeal  shall  in  all 
things  and  as  far  as  applicable  be  as  provided  for  contested  elec- 
tion cases  under  Section  27  of  this  Act,  except  that  the  Execu- 
tive Committee  whose  ruling  is  complained  of  shall  be  made 
party  defendant  and  a  certified  copy  of  the  petition  served  on 
the  chairman,  and  the  petition  so  presented  and  served  shall 
set  forth  the  error,  whether  of  fact  or  law,  complained  of. 

Section  12.  That  any  person  applying  to  be  registered  who 
does  not  desire  to  state  his  party  affiliation  shall  not  be  required 
to  do  so,  nor  shall  his  failure  to  do  so  act  as  a  bar  to  his  regis- 
tration for  the  purpose  of  voting  in  any  election  held  under  the 
provisions  of  the  General  Election  Law. 

None  but  those  who  have  so  declared  their  political  affiliation 
shall  be  permitted  to  become  candidates  or  to  vote  in  any  pri- 
mary election  of  any  political  party,  as  defined  in  this  act.  Any 
person  attempting  to  vote,  or  voting  or  taking  part  in  any  pri- 
mary election,  or  aiding  or  assisting  in  the  nomination  or  election 
of  a  candidate  of  a  political  party  different  from  that  with  which 
he  has  declared  himself  to  be  affiliated,  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  fined  and  pun- 
ished as  provided  for  in  Section  33  of  this  act. 

Section  13.  That  any  person  desiring  to  become  a  candidate 
in  any  primary  election  held  under  the  provisions  of  this  act 
shall,within  twenty  days  for  State  and  District  officers,  and  with- 
in ten  days  for  Parochial,  Municipal  and  Ward  officers,  etc.,  from 
and  after  the  issuance  of  the.  call  of  the  said  committee  for  the 
said  primary  election,  file  with  the  respective  officers  herein- 
after designated,  his  written  notification  of  his  intention  to  be- 
come a  candidate  at  such  primary,  accompanied  by  a  declaration 
that  he  is  a  duly  qualified  elector  under  the  Constitution  and 
laws  of  this  State,  and  that  he  is  a  member  of  the  party  calling 
said  primary  election,  and  that  he  possesses  such  qualifications. 
as  are  required  by  the  State  Central  Committee  of  such  party. 


Section  14.     That  all  candidates  for  nomination  for  United 
States  Senator,  Congressman,  Governor,  Railroad  Commissioner, 
Judge  of  the  Supreme  Court,  Judge  of  the  Court  of  Appeal  and 
other  State  officers  voted  for  throughout  the  entire  State  or 
Congressional  District  or  Railroad   Commissioner  District,   or 
Supreme  Court  District,  or  Court  of  Appeal  District,  or  any 
other  State  Board  or  Commission,  or  any  officer  of  State  char- 
acter, whose  election  may  be  provided  by  law,  shall  file  written 
notification  and  declaration  as  provided  for  in  Section  13  of  this 
act  with  the  chairman  of  the  committee  calling  the  primary,  and 
-all  such  candidates  shall,  at  the  time  of  filing  said  notice,  be 
required  to  deposit  with  the  chairman  of  the  committee  calling 
the  primary,  the  sum  of  One  Hundred  Dollars   ($100.00)  ;  all 
•deposits  shall  go  to  the  General  Fund  in  the  State  Treasury. 
The  chairman  of  the  committee  calling  the  said  primary  shall 
forward  to  the  Secretary  of  State,  after  the  five  days  in  which 
objections  may  be  raised  have  passed,  and  in  event  no  such  ob- 
jections have  been  raised,  the  applications  and  deposits  shall  be 
filed  with  him.     Wherever  no  opposition  has  been  raised,  or 
-whenever  opposition  has  been  raised  and  in  the  event  the  same 
is  sustained,  the  chairman  shall  return  to  the  person  making 
application  his  deposit;  in  event  the  opposition  is  not  sustained 
the  application  and  deposit  shall,  immediately'  after  the  decision 
of  the  committee,  or  after  the  decision  in  court  having  juris- 
diction, be  forwarded  to  the  Secretary  of  State.    All  candidates 
for  all  other  offices  to  be  voted  for  in  any  primary  election  held 
under  this  act  shall  file  their  written  notification  and  declara- 
tion with  the  chairman  of  the  committee  which  has  issued  the 
call  for  said  primary,  and  if  the  office  be  a  district  or  parish 
office  he  shall  deposit  the  sum  of  five  dollars  ($5.00),  and  if  a 
ward  office,  the  sum  of  one  dollar  ($1.00)  for  the  purpose  of 
defraying  the  cost  of  printing  the  election  tickets,  tally  sheets, 
election  supplies,  etc.,  which  amount  is  to  be  collected  by  the 
chairman  of  the  respective  committees  calling  said  primary  elec- 
tion and  by  him  forwarded  to  the  Secretary  of  State  at  the  same 
time  he  certifies  the  list  of  candidates,  which  money  shall  in  turn 
be  deposited  by  the  Secretary  of  State  to  the  credit  of  the  Gen- 
eral Fund  in  the  State  Treasury;  provided  that  nothing  herein 
shall  prohibit  the  political  party  authorities  levying  and  collect- 
ing an  additional  fee  from  candidates  for  incidental  and  other 
election  expenses;  and  provided  further  that  such  political  party 
authorities,  other  than  of  the  Parish  of  Orleans,  shall  not  levy 
and  collect  any  greater  additional  fee  from  candidates  than  that 
collected  by  the  State. 

Section  15.    That  the  expense  of  primary  elections  held  under 
this  act  shall  be  apportioned  and  defrayed  as  follows : 

a.    The  expense  of  printing  ballots  and  the  furnishing 
of  the  necessary  stationery  and  other  election  supplies 


for  all  primary  elections  held  under  the  provisions  of 
this  act,  except  as  hereinafter  otherwise  provided,  and 
also  all  expenses  necessary  to  the  transmisison  and  pro- 
mulgation of  the  returns,  shall  be  paid  by  the  State  of 
Louisiana,  in  the  same  manner  as  for  general  elections. 

b.  That  the  necessary  expenses  incidental  to  the  hold-, 
ing  and  conducting  of  the  said  primary  elections,  such 
as  payment  of  commissioners  and  clerks  of  election,  rent 
of  polling  places,  expense  of  delivery  of  the  ballot  boxes 
and  supplies  to  and  from  the  polling  places,  and  the 
printing  of  tickets  and  supplies,  for  a  municipal  elec- 
tion, shall  be  borne  by  the  respective  parishes,  cities  and 
towns  and  the  respective  police  juries  or  municipal  au- 
thorities shall  provide,  by  ordinance,  for  their  payment. 

c.  That  any  other  actual  expenses  necessary  and  inci- 
dental to  the  calling  and  holding  of  the  said  primary 
election  shall  be  borne  by  the  candidates  participating 

therein. 

• 

d.  That  the  respective  committees  authorized  under  the 
act  to  call  the   primary  elections,   shall  by  resolution 
adopted  at  the  same  meeting  at  which  they  call  said 
primary,  fix  the  sums  assessed  against  each  candidate 
for  the  purpose  of  defraying  the  actual  expenses  to  be 
borne  by  him  as  hereinabove  provided    for,    and    the 
amount  so  fixed  and  assessed  shall  be  paid  by  the  can- 
didate at  the  time  of  filing  his  written  notification  of 
candidacy.     Failure  to  make  payment  as  herein  pro- 
vided will  debar  any  such  candidate  from  having  his 
name  placed  on  the  official  ballot  for  such  primary 
election;  provided,  that  such  amount  as  shall  remain 
unexpended  in  said  primary  election  shall  be  returned 
to  the  various  candidates  in  proportion  to  the  amounts 
contributed  by  them. 

Section  16.  That  the  primary  election  ballots  used  in  all  pri- 
mary elections  for  United  States  Senators,  Congressmen,  Gov- 
ernor and  other  officers  voted  for  throughout  the  entire  State, 
or  voted  for  in  any  district,  parish  or  ward  in  this  State,  held 
under  the  provisions  of  this  act,  shall  be  furnished  by  Secre- 
tary of  State,  at  the  expense  of  the  State,  and  the  primary  elec- 
tion ballot  used  in  all  primary  elections  for  any  municipal  offi- 
cer to  be  voted  on  in  any  municipality  in  this  State,  held  under 
the  provisions  of  this  act,  shall  be  furnished  by  the  municipality 
in  which  the  election  is  held.  All  said  ballots  shall  be  printed 
upon  white  paper,  of  uniform  quality,  texture  and  size,  and 
printed  in  black  ink,  and  each  ballot  at  the  bottom  and  after 
the  pledge  shall  contain  a  perforated  slip  with  its  number  dis- 
played in  large  numerals,  which  said  slips  shall  be  numbered 
from  one  to  one  thousand,  as  may  be  required.  At  the  top  of 


said  ballot,  printed  in  large  capital  letters,  shall  be  the  party 
designation,  then  shall  follow  the  number  of  the  primary  dis- 
trict and  location  of  polling  place.  Then  shall  follow  the  name 
of  each  office,  and  below  the  name  of  each  office,  in  smaller 
capital  letters  shall  follow  the  names  of  all-  candidates  (alpha- 
betically arranged,  according  to  surname)  for  the  nomination 
of  said  office,  in  the  order  in  which  said  list  of  offices  shall  be 
arranged  by  the  respective  party  committees.  The  names  of 
all  candidates  shall  be  printed  in  type  of  uniform  size  and  style 
and  in  vertical  column.  Immediately  following  and  opposite 
the  name  of  each  candidate,  on  the  same  line,  shall  be  printed 
a  square  space,  and  all  such  square  spaces  shall  be  of  uniform 
size.  Spaces  between  the  names  of  candidates  for  each  office 
shall  be  uniform,  and  sufficient  space  shall  separate  the  names 
of  candidates  for  one  office  from  the  names  of  candidates  for 
another  office  to  avoid  confusion. 

At  the  bottom  of  the  ballot  and  after  the  name  of  the  last 
candidate  shall  be  printed  the  following,  viz. :  "By  casting  this 
ballot  I  do  pledge  myself  to  abide  by  the  result  of  this  primary 
election  and  to  aid  and  support  all  the  nominees  thereof  in  the 
ensuing  general  election." 

Should  any  voter  scratch  out,  deface  or  in  any  way  mutilate  or 
change  the  pledge  printed  on  the  ballot,  he  shall  not  be  con- 
sidered or  held  to'  have  repudiated  or  to  have  refused  to  take 
the  pledge,  but  shall,  conclusively,  be  presumed  and  held  to 
have  scratched  out,  defaced  or  mutilated  or  changed  same  for 
the  sole  purpose  of  identifying  his  ballot;  and  accordingly  such 
ballot  shall  be  marked  "Spoiled  Ballot"  and  shall  not  be 
counted. 

The  ballot  with  a  slip  numbered,  as  hereinbefore  provided, 
shall  be  handed  to  the  voter  by  the  commissioners  of  election 
for  the  voter  to  take  with  him  to  the  polling  booth,  who,  after 
marking  his  ballot,  shall  before  casting  his  ballot  in  the  box, 
allow  the  commissioner  of  election  to  detach  or  remove  the  slip 
without  defacing  or  tearing  the  ballot  and  without  in  any  way 
exposing  to  view  the  face  of  the  ballot.  As  soon  as  the  detached 
slip  is  removed,  the  voter  then  shall  cast  his  ballot  into  the 
ballot  box,  the  commissioner  throwing  the  perforated  or  de- 
tached slip  in  a  waste  basket  or  other  receptacle  to  be  destroyed 
after  the  closing  of  the  polls.  The  voter  shall  always  have  the 
right  to  retain  possession  of  his  ballot  while  the  commissioners 
of  election  are  removing  the  perforated  number  slip  until  he 
deposits  the  ballot  in  the  ballot  box. 

The  ballot  as  above  set  forth  to  be  furnished  by  the  Secretary 
of  State,  shall  be  prepared  by  the  Secretary  of  State,  who  shall 
certify  to  it  as  the  official  ballot  on  the  back  of  the  ballot  over 
his  stamped  signature,  and  who  shall  furnish  the  ballot  pressed 
and  folded  in  uniform  fold,  and  creased  so  as  to  display  on  the 


reverse  or  back  of  the  ballot  when  folded  the  printed  or  script 
certificate  of  the  Secretary  of  State. 

The  ballot  as  above  set  forth  to  be  furnished  by  the  munic- 
ipality shall  be  prepared  by  the  municipality  and  shall  be  certi- 
fied to  by  the  Mayor  of  the  municipality,  as  the  official  ballot, 
on  the  back  of  the  ballot  over  his  stamped  signature,  and  the 
ballot  shall  be  furnished  stamped  and  folded  in  uniform  folds 
and  creased  so  as  to  display  on  the  reverse  or  back  of  the  ballot 
when  folded  the  printed  or  script  certificate  of  the  Mayor  of  the 
municipality. 

That  in  the  Parish  of  Orleans,  if  the  primary  election  for 
parochial  offices  is  held  at  the  same  time  as  the  election  for 
municipal  offices,  the  names  of  the  candidates  for  the  municipal 
and  parochial  offices  shall  be  printed  on  one  ballot,  which  said 
ballot  and  all  election  supplies  shall  be  furnished  by  the  munic- 
ipality and  printed  as  herein  provided. 

The  primary  election  ballot  shall  also  contain  the  names  of 
candidates  for  membership  of  the  State  Central  Committee  and 
all  other  committees  required  to  be  elected  at  the  same  primary 
election.  No  primary  election  ballot  shall  be  used  unless  the 
same  shall  substantially  comply  with  the  requirements  of  this 
act,  and  any  ballots  not  in  accordance  herewith  shall  be  void 
for  ail  purposes  and  shall  not  be  received,  deposited  or  counted 
by  any  commissioner  or  commissioners  of  such  primary  election. 
No  persons  shall  be  a  candidate  for  membership  on  the  State 
Central  Committee  or  any  other  committee,  who  is  not  a  duly 
qualified  voter  of  the  district  from  which  he  is  a  candidate  and 
registered  as  affiliated  with  the  party  holding  the  primary. 

The  Secretary  of  State  or  the  municipality,  as  the  case  may 
be,  shall  furnish  for  each  precinct  as  many  sample  ballots  as 
there  are  furnished  official  ballots.  Such  sample  ballots  shall 
be  exact  duplicates  of  the  official  ballots,  except  that  they  shall 
not  bear  the  endorsement  of  the  Secretary  of  State  or  of  the 
Mayor  or  the  detachable  slip  provided  herein,  and  they  shall  be 
printed  on  green  paper  and  there  shall  be  printed  across  the 
face  of  said  ballots,  in  large  type  and  in  red  ink,  the  words 
"SAMPLE  BALLOT".  The  said  ballots  shall  also  be  sent  to 
the  commissioners  of  election  in  separate  packages  from  the 
official  ballots. 

On  the  day  of  election  the  sample  ballots  shall  be  conspic- 
uously arranged  on  a  table  near  the  poll,  and  every  voter  shall 
be  entitled  to  not  more  than  two  of  said  sample  ballots.  After 
receiving  said  sample  ballot  or  ballots,  the  voter  may  make  such 
use  of  it  as  he  chooses  and  may  mark  or  cause  to  be  marked  out- 
side of  the  polling  place  and  may  take  it  with  him  into  the 
voting  booth,  but  no  sample  ballot  shall  be  voted  or  counted. 

That  in  the  distribution  by  the  Secretary  of  State  or  by  any 
other  authority  of  the  official  ballots  provided  for  in  this  act, 


the  same  shall  be  prepared  m  packages  S3  that  the  numbered 
slips  shall  be  placed  in  said  packages  indiscriminately  and  with- 
out regard  to  numerical  order,  and  it  is  hereby  made  the  duty  of 
the  commissioners  in  delivering  the  ballots,  with  the  detachable 
slips,  to  voters,  to  select  the  ballots  from  the  package  indiscrim- 
inately, without  regard  to  number,  and  the  right  is  given  to  -any 
commissioner  to  have  the  ballot  so  selected  without  regard  to  its 
numerical  order,  and  to  have  this  provision  of  the  law  enforced. 

Section  17.  That  the  Secretary  of  State  or  the  Municipality, 
as  the  case  may  be,  shall  send  a  sufficient  number  of  ballots, 
together  with  a  sufficient  number  of  tally  sheets  and  * '  Cards  of 
Instruction  for  the  Guidance  of  voters",  to  the  respective  chair- 
men of  the  respective  committees  in  each  of  the  several  parishes, 
so  as  to  be  received  by  them  at  least  three  days  previous  to  the 
day  of  election.  The  same  shall  be  sent  in  sealed  packages,  with 
marks  on  the  outside  clearly  designating  the  polling  places  for 
which  they  are  intended  and  the  number  of  ballots  inclosed.  The 
respective  chairmen  shall,  on  delivery  to  them  of  such  packages, 
return  receipt  therefor  to  the  Secretary  of  State.  The  Secretary 
of  State  shall  keep  a  record  of  the  time  when,  and  the  manner 
in  which,  the  several  packages  are  sent  and  the  number  of  ballots 
in  each  package,  and  shall  preserve  same  for  the  period  of  six 
months,  together  with  the  receipt  of  the  said  chairman. 

Section  18.  That  the  respective  committees  shall  send  to  the 
commissioners  of  each  voting  place  before  the  opening  of  the 
polls  on  the  day  of  election,  cards  of  instruction,  tally  sheets, 
blank  forms  and  the  set  of  ballots,  as  sealed  and  marked  by  the 
Secretary  of  State,  for  each  voting  place,  and  a  receipt  of  such 
delivery  shall  be  returned  to  them  from  the  commissioners  pres- 
ent, which  receipt  shall  be  kept  for  a  period  of  six  months.  At 
the  opening  of  the  polls  in  each  polling  place  the  seal  of  the 
package  shall  be  publicly  broken  and  the  package  shall  be  opened 
by  the  commissioners,  and  the  ballots  shall  be  delivered  to  the 
commissioners  of  election  hereinafter  provided  for.  The  cards 
of  instruction  shall  be  immediately  posted  at  or  in  each  voting 
shelf  or  compartment,  provided  in  accordance  with  this  act,  and 
not  less  than  three  such  cards  shall  be  immediately  posted  in  or 
about  the  polling  room. 

Section  19.  That  in  case  the  ballots  to  be  furnished  to  any 
voting  place  in  accordance  with  the  provisions  of  this  act,  shall 
fail,  for  any  reason,  to  be  delivered,  or  in  any  case  after  delivery 
they  shall  be  destroyed  or  stolen,  or  should  errors  or  omissions 
occur  in  them,  it  shall  be  the  duty  of  the  chairman  to  cause  other 
ballots  and  cards  of  instruction  to  be  prepared  substantially  in 
the  form  and  to  the  number  of  the  ballots  wanting  and  to  be 
furnished,  and  upon  receipt  of  such  other  ballots  from  him,  ac- 
companied by  a  statement  under  oath,  that  the  same  have  been 
so  prepared  and  furnished  by  him,  and  that  the  original  ballots 


10 

have  failed  to  be  received  or  have  been  destroyed  or  stolen, 
or  that  they  contain  errors  or  omissions,  the  commissioners  shall 
cause  the  ballots  so  substituted  to  be  used  in  lieu  of  the  ballots 
wanting,  as  above. 

Section  20.  That  the  officers  whose  duty  it  is  to  designate  and 
appoint  polling  places  throughout  the  State,  shall  cause  same  to 
be  provided  with  voting  shelves  and  compartments,  known  as 
polling  booths,  in  which  voters  may  conveniently  and  with  abso- 
lute secrecy  mark  their  ballots ;  said  booths  to  be  similar  in  char- 
acter to  those  used,  as  provided  by  law,  in  general  elections. 

Throughout  the  State  a  guard  rail  shall  be  placed  at  each 
polling  place,  at  least  fifty  feet  on  either  side  of  the  ballot  boxes 
and  booths,  and  each  guard  rail  shall  be  provided  with  separate 
entrances  and  separate  exits,  and  the  said  guard  rails  shall  be 
connected  by  a  railing  (in  cities  of  more  than  100,000  inhabit- 
ants, running  alongside  the  gutter  curb),  thus  forming  a  space 
enclosed  with  barriers,  and  no  more  electors  shall  be  admitted 
at  any  one  time  within  said  barrier  than  there  are  polling  booths 
within  said  barrier;  provided,  that  during  the  time  the  poll  is 
open  no  one  shall  be  permitted  within  the  barrier  except  the 
commissioners,  commissioned  watchers  and  voters  actually  en- 
gaged in  voting.  Any  person  violating  the  provisions  of  this 
Section  shall  be  punished  as  provided  in  Section  33  of  this  act. 

That  the  officers  whose  duty  it  is  to  designate  and  appoint 
polling  places  in  cities  of  more  than  50,000  inhabitants,  shall 
cause  the  same  to  be  provided  with  voting  shelves  and  compart- 
ments, known  as  polling  booths,  in  which  voters  may  convenient- 
ly and  with  absolute  secrecy  mark  their  ballots.  There  shall  be 
in  each  polling  place,  during  each  election,  a  sufficient  number 
of  voting  booths,  and  not  less  than  one  for  every  hundred  voters 
in  the  precinct.  Each  such  booth  shall  be  at  least  three  feet 
square,  shall  have  four  sides  enclosed,  each  at  least  six  feet  high, 
the  one  in  front  shall  open  and  shut  as  a  door  swings  outward, 
and  shall  extend  within  two  feet  of  the  floor.  Each  such  booth 
shall  contain  a  shelf,  which  shall  be  at  least  one  foot  wide,  ex- 
tending across  the  side  of  the  booth,  at  a  convenient  heighth 
for  writing,  and  shall  be  furnished  with  supplies  and  conveni- 
ences, including  pencils  having  black  lead  only,  as  will  enable 
the  voters  to  conveniently  prepare  their  ballots  for  voting.  Each 
booth  shall  be  kept  clearly  lighted  while  the  polls  are  open,  by 
artificial  light  if  necessary;  and  in  no  case  shall  the  polling 
places  of  two  precincts  be  located  within  closer  proximity  to 
each  other  than  a  distance  of  three  city  blocks. 

In  every  polling  place  in  the  State  the  arrangements  of  the 
polling  place  shall  be  such  that  the  booths  can  only  be  reached 
by  passing  within  the  guard  rail,  and  the  booths,  ballot  boxes, 
commissioners,  and  every  part  of  the  polling  places  except  in  the 
interior  of  the  booths,  shall  be  in  plain  view  of  the  commissioners 


11 

and  watchers  appointed  for  the  purpose  of  watching  the  voter 
as  he  appears  to  cast  his  vote.  The  booths  shall  be  placed  on 
the  outer  edge  of  the  sidewalk,  within  the  guard  rails,  and  no 
voter  shall  be  permitted  to  prepare  his  ballot  when  the  door  of 
the  booth  is  not  closed  so  as  to  obscure  him  from  the  view  of  all 
persons,  and  it  is  made  the  duty  of  the  commissioners  and  watch- 
ers, or  any  of  them,  in  case  the  voter  neglects  to  close  the  door 
of  the  booth,  to  see  that  the  booth  door  is  closed. 

Any  ballot  prepared  in  violation  of  this  provision  and  any 
ballot  wilfully  exhibited  will  not  be  received  by  the  commission- 
ers, and  if  received  notwithstanding  this  prohibition,  it  shall  not 
be  counted.  Any  ballot  which  is  protested  for  any  reason,  shall 
have  attached  to  it  by  the  commissioners  a  memorandum  setting 
forth  the  ground  of  protest,  and  the  name  of  the  voter  and  the 
name  of  the  challenger,  and  the  challenged  voter  shall  be  re- 
qiured  to  sign  the  poll  list. 

Section  21.  That  the  primary  election  ballots  used  in  all  pri- 
maries other  than  those  provided  for  in  Sections  16,  17,  18  and 
19,  shall  be  furnished  by  the  respective  committees  and  shall  be 
printed  in  the  manner  and  form  as  ballots  for  United  States 
Senators,  Congressmen  and  State  officers,  and  shall  be  delivered 
to  the  commissioners  of  election  by  the  chairmen  of  the  respective 
watchers  shall  be  admitted  within  the  barriers  during  the  polling 
committees,  whose  duties  in  this  respect  shall  be  similar  to  those 
provided  herein  for  the  Secretary  of  State. 

Section  22.  That  the  delivery  of  the  primary  ballots,  station- 
ery, ballot  boxes  and  other  necessary  election  supplies  herein- 
before required  to  be  made  by  the  respective  committees  through- 
out the  State,  shall  be  made  by  special  deputies  selected  by  said 
committees,  whose  duty  it  shall  be  to  deliver  the  said  primary 
ballots,  etc.,  to  the  commissioners  at  the  respective  voting  places 
as  herein  provided  for  in  Section  18.  That  the  duty  of  said 
special  deputies  shall  be  the  same  as  those  of  the  special  deputies 
and  sheriffs  appointed  under  the  general  election  laws  of  this 
State,  and  they  shall  take  an  oath  honestly  and  faithfully  to 
perform  their  duties  and  safely  deliver  said  boxes,  tickets  and 
election  supplies  to  the  respective  commissioners.  The  chairman 
and  Vice-chairman  of  all  committees  are  authorized  to  admin- 
ister oaths. 

•Section  23.  That  a  poll  shall  be  established  in  every  voting 
precinct  of  the  State,  as  now  or  may  hereafter  be  fixed  and  estab- 
lished by  law,  at  which  said  election  shall  be  held,  and  the  polls, 
shall  be  opened  at  6  a.  m.  and  shall  be  closed  at  7  p.  m. 

The  location  of  said  polling  booths,  when  not  fixed  by  lawr 
shall  be  selected  by  the  various  parish  committees  throughout  the 
State. 

Hie  respective  committees  in  the  several  parishes  throughout 
the  State  shall  cause  to  be  published  the  location  of  said  polling 


12 

booths  in  the  official  journal  of  the  parish,  at  least  three  times 
for  three  weeks  preceding  the  day  of  the  election,  and  in  the 
City  of  New  Orleans  in  any  of  the  daily  papers. 

Section  24.  That  no  voter  shall  be  allowed  to  take  part  in 
any  primary  who  shall  not  have  registered  at  least  thirty  days 
prior  to  the  date  of  the  primary  election  held  under  this  act. 
That  seven  days  prior  to  every  primary  election,  the  Registrars 
of  Voters  throughout  the  entire  State  shall  make  a  complete  list 
of  all  registered  voters  in  every  voting  precinct  in  the  parish, 
registered  as  affiliated  with  the  party  holding  the  primary, 
certify  to  same,  and  within  three  days  before  the  primary  elec- 
tion deliver  the  same  to  the  respective  parish  committees  of  the 
party  or  parties  holding  the  said  primary  election,  without  any 
cost  or  charge  whatsoever.  The  said  list  shall  not  contain  the 
name  of  any  elector  not  affiliated  with  the  party  holding  the 
said  primary  election. 

That  the  sheriffs  of  the  several  parishes  throughout  the  State, 
and  the  City  Treasurer  of  the  City  of  New  Orleans,  shall,  three 
days  before  the  date  of  any  primary  election  held  under  this 
act,  deliver  to  the  several  parish  committees  throughout  the 
State,  lists  of  persons  who  have  paid  their  poll  taxes  for  the  two 
years  preceding  the  year  in  which  the  primary  is  held.  That 
the  number  of  lists  of  poll  taxes  so  to  be  delivered  shall  be  one 
for  each  voting  precinct  as  fixed  by  law  in  said  parish.  That 
these  lists  shall  be  delivered  and  furnished  free  of  all  charges 
and  expenses. 

That  the  said  respective  parish  committees  shall  transmit  by 
the  special  deputy  selected  by  them  to  deliver  ballot  boxes,  etc., 
to  each  polling  precinct,  the  list  of  the  registered  voters  for  said 
precinct  so  furnished  him  by  the  Registrar  of  Voters  for  his 
parish,  as  hereinbefore  provided  fcr,  and  also  the  list  of  all  per- 
sons who  have  paid  their  poll  taxes  so  furnished  to  them  by  the 
sheriff  or  City  Treasurer,  as  the  case  may  be. 

The  police  juries  throughout  the  State,  and  the  Commission 
Council  in  the  City  of  New  Orleans,  shall  deliver  to  the  re- 
spective parish  committees,  of  parties  holding  primaries  under 
this  act,  a  sufficient  number  of  ballot  boxes  for  each  and  every 
polling  precinct. 

Section  25.  That  primary  elections  s^all  be  conducted  by  at 
least  five  commissioners  of  election  at  each  polling  precinct. 

The  said  commissioners  shall  be  selected  as  hereinafter  pro- 
vided, and  shall  be  commissioned  in  each  parish  by  the  chairman 
of  the  respective  Parish  Committees  for  such  parish.  In  cases 
of  the  absence,  inability  or  refusal  of  such  chairman  to  act,  they 
shall  be  commissioned  by  the  vice-chairman.  The  commissioners 
and  watchers  selected  under  this  act  shall  possess  the  same  quali- 
fications as  are  required  of  voters  in  the  Ward  in  which  they  shall 
reside,  and  may  be  selected  to  serve  as  commissioners  or  watch- 


13 

ers  in  any  precinct  of  the  ward  in  which  they  vote.  The  said 
commissioners  and  special  deputy  sheriffs  provided  for  in  this 
act  shall  receive  the  same  compensation  as  is  paid  for  commis- 
sioners of  elections  at  elections  held  under  the  general  election 
laws  of  the  State. 

Commissioners  of  election  shall  be  selected  as  follows,  to-wit: 

That  in  any  election  held  under  this  act  each  local  candidate 
in  each  parish  in  this  State  shall  submit  to  the  respective  Parish 
Committee  of  said  Parish  on  or  before  the  twenty-fifth  day  prior 
to  the  date  on  which  any  primary  election  is  to  be  held,  under 
this  act,  the  name  of  one  duly  qualified  voter  to  act  as  commis- 
sioner of  elections  for  each  voting  place  in  said  parish,  should 
there  be  five  or  more  local  candidates.  Should  there  be  three 
local  candidates  in  any  election  held  under  this  act,  each  local 
candidate  in  each  parish  in  this  State  shall  submit  to  the  re- 
spective Parish  Committee  of  said  Parish,  at  the  time  specified 
above,  the  names  of  two  duly  qualified  voters  to  act  as  commis- 
sioners of  election  for  each  voting  place  in  each  parish.  The 
lists  nominating  commissioners  of  election  herein  provided  to  be 
sent  by  local  candidates  to  the  respective  Parish  or  other  com- 
mittees shall  be  legibly  written,  dated  and  signed,  or  by  pref- 
erence typewritten,  and  shall  give  the  postoffice  address,  with 
the  street  and  street  number  in  cities  and  towns,  of  each  person 
on  the  said  list,  and  shall  indicate  clearly  the  precinct  or  poll 
in  the  ward  or  parish  in  which  he  is  nominated  to  serve.  Should 
there  be  but  two  local  candidates  in  any  election  held  under  this 
act  each  local  candidate  in  each  parish  in  this  State  shall  submit 
to  the  respective  Parish  Committee  of  said  Parish,  at  the  time 
specified  above,  the  names  of  three  duly  qualified  voters  to  act  as 
commissioners  of  election  for  each  voting  place  in  said  parish. 
Should  there  be  four  local  candidates  in  any  election  held  under 
this  act,  each  local  candidate  in  each  parish  in  this  State  shall 
submit  to  the  respective  Parish  Committee  of  said  Parish  at  the 
t:me  specified  above,  the  names  of  two  duly  qualified  voters,  to 
act  as  commissioners  of  election  for  each  voting  place  in  said 
parish. 

The  names  so  furnished  by  each  local  candidate  shall  be  sub- 
mitted for  the  drawing  as  hereinafter  provided,  and  under  said 
drawing  five  names  shall  be  drawn,  and  these  five  act  as  the 
commissioners  of  elections.  The  remaining  names  drawn  shall 
be  commissioned  as  watchers. 

That  on  the  twentieth  day  prior  to  the  date  on  which  the  pri- 
mary election  is  to  be  held,  at  12  o'clock  noon,  the  respective 
Parish  Committee  of  each  Parish  throughout  the  State  shall 
be  regularly  convened,  and  they  shall  proceed  to  select,  from 
the  various  names  submitted  to  them  by  the  candidates,  as  afore- 
said, five  commissioners  of  election  to  preside  over  the  election 
at  each  voting  place  in  the  said  Parish,  in  the  following  manner, 
to-wit : 


14 

The  said  Parish  Committee  shall,  except  as  hereinbefore  pro- 
vided, take  the  names  submitted  to  them  from  each  particular 
precinct  by  the  candidates  aforesaid,  write  each  name  so  sub- 
mitted on  a  separate  piece  of  white  paper,  of  equal  and  uniform 
size  and  thickness,  and  place  the  various  slips,  so  made  up,  in 
a  hat,  or  other  receptacle  without  folding  them-,  the  committee 
shall  select  some  person  to  draw  five  of  said  slips,  so  placed  in 
the  hat  or  other  receptacle,  and  the  persons  whose  names  are 
written  on  the  first  five  slips  so  drawn  shall  be  the  commission- 
ers of  election  to  preside  over  the  particular  voting  precinct, 
and  the  others  remaining  undrawn  shall  be  commissioned  as 
watchers.  The  watchers  shall  be  commissioned  in  the  same  man- 
ner and  have  the  same  qualifications  as  commissioners  of  elec- 
tion and  be  subject  to  the  same  penalties  and  punishments  pro- 
vided in  this  act  in  case  of  failure  to  perform  their  duties.  These 
of  the  vote,  but  shall  not  be  permitted  to  electioneer,  engage  in 
political  or  other  discussions,  or  in  any  manner  interfere  with 
or  detain  or  obstruct  any  voter.  Said  watchers  shall  be  allowed 
to  enter  the  polls  only  after  the  closing  of  the  polls,  and  there 
remain  during  the  canvass  and  count  of  the  vote,  but  they  shall 
take  no  part  in  such  canvass  and  count  nor  have  any  voice  in 
the  conduct  thereof.  They  shall  have  the  right  to  challenge  any 
voter  for  cause  and  shall  call  the  attention  of  commissioners  to 
any  infraction  of  the  law  and  to  keep  notes  of  the  conduct  of  the 
election,  and  the  commissioners  shall  protect  them  in  the  dis- 
charge of  their  duties.  Any  person  who  violates  any  of  the  pro- 
visions of  this  section  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  punished  as  is  provided 
in  Section  33  of  this  act.  The  person  selected  to  draw  the  said 
five  slips  from  the  hat  or  other  receptacle  shall  be  blindfolded  at 
the  time  and  during  the  drawing;  that  the  drawing  shall  be 
public  and  in  the  presence  of  the  committee  and  such  spectators 
as  may  desire  to  be  present,  and  said  drawing  must  be  done  at 
the  Court  House  in  each  parish  in  the  State,  and  in  the  City  of 
New  Orleans  at  the  Civil  District  Court. 

That  the  commissioners  of  election  for  such  precinct  shall  be 
drawn  separately,  that  is,  one  precinct  pj:  a  time,  until  the  com- 
missioners of  election  for  each  precinct  in  the  parish  shall  have 
been  thus  selected.  The  commissioners  of  election  and  watchers 
shall  forthwith  be  commissioned  by  the  chairman  of  the'  Parish 
Committee,  or,  in  case  of  his  failure  or  inability  to  act,  by  the 
vice-chairman. 

In  the  event  that  at  any  primary  election  held  to  nominate 
candidates  for  State  offices,  district  offices  and  members  of  Con- 
gress there  should  be  no  local  officers  to  be  nominated  at  the 
same  time,  the  respective  candidates  for  the  State  offices,  district 
offices  of  Congress  shall  send  in  to  the  various  Parish  Commit- 
tees the  name  of  one  or  more  duly  qualified  voters  under  this 


15 

Act  for  each  precinct  in  this  parish,  as  hereinbefore  provided  for 
local  candidates  to  do,  and  the  commissioners  of  election  shall 
be  drawn  in  the  same  manner  from  these  names,  as  hereinbefore 
provided  in  this  Section. 

That  the  term  "local  candidate"  used  herein,  in  this  section  is 
defined  to  be  any  candidate  for  either  house  of  the  Legislature 
or  for  any  parish  or  municipal  office,  except  those  of  Justice  of 
the  Peace  or  Constable. 

In  case  no  commissioners  of  election  shall  have  been  selected, 
or  if  none  of  those  who  have  been  selected  be  present  within  one 
hour  after  the  time  fixed  for  the  opening  of  the  poll,  voters  of 
the  party  holding  the  primary,  present  at  such  precinct,  shall 
hold  a  meeting  and  elect  the  commissioners  to  preside  at  the 
election,  who  shall  perform  all  duties  of  the  regularly  selected 
commissioners. 

Should  any  one  of  the  commissioners  be  present,  he  shall  select 
another,  and  both  together  shall  elect  a  third,  these  three  a 
fourth,  and  these  four  the  fifth  commissioner,  as  above  provided ; 
the  commisisoners  so  selected  shall  take  the  oath  and  perform 
all  the  duties  of  commissioners  of  election  in  the  same  manner 
as  if  they  had  been  selected  as  hereinbefore  provided. 

Before  entering  upon  the  discharge  of  their  duties,  the  com- 
missioners of  election  shall  swear  each  other  to  faithfully,  hon- 
estly and  impartially  conduct  the  election. 

The  same  power  and  authority  vested  in  every  commissioner 
by  the  general  election  laws  of  the  State  is  hereby  conferred 
upon  the  commissioners  conducting  any  primary  election  under 
this  act.  It  shall  be  the  duty  of  the  commissioners  at  each  poll- 
ing place  to  keep  triplicate  lists  containing  the  names  and  ballot 
numbers  cf  the  persons  voting  at  such  voting  place,  which  lists 
shall  be  numbered  consecutively  from  one  to  the  end,  and  in 
parishes  containing  a  city  of  over  100,000  inhabitants,  shall  con- 
tain the  name  of  the  voter,  ballot  number,  serial  numbers  of  the 
required  registration  certificate,  poll  tax  receipt,  and  space  for 
remarks,  and  said  poll  list  shall  be  prepared  and  furnished  by 
the  Secretary  of  State,  and  such  lists  so  kept  and  numbered  shall 
be  signed  and  sworn  to  as  correct  by  them  immediately  upon 
closing  of  the  polls  and  before  opening  the  ballot  boxes.  One 
of  the  lists  shall  be  deposited  in  the  ballot  box  with  the  ballots 
after  the  count  has  been  made,  one  shall  be  transmitted  with 
the  returns  to  the  Secretary  of  State  in  primary  elections  held 
for  United  States  Senators,  Congressmen  and  State  officers  who 
are  voted  for  throughout  the  State,  and  one  to  the  respective 
chairman  of  the  various  parish  committees,  in  cases  where  paro- 
chial offices  are  being  voted  for ;  and  in  all  other  primary  elec- 
tions the  respective  chairmen  of  the  committees  ordering  the 
primary  election. 


16 

Immediately  after  the  closing  of  the  polls  and  the  signing  and 
the  swearing  to  the  poll  lists,  the  commissioners  shall  proceed 
to  publicly  canvass  the  votes;  they  shall  make  a  tally  sheet  in 
quadruplicate  and  shall  tabulate  the  votes,  and  sign  the  same 
and  swear  to  their  correctness,  and  publicly  announce  the  result 
to  the  bystanders. 

The  returns  in  all  primary  elections  shall  be  made  as  follows : 

In  primary  elections  for  United  States  Senators,  Congressmen 
and  State  officers  voted  for  throughout  the  entire  State  and 
respective  Congressional  Districts,  Supreme  Court  districts  or 
any  other  State  Board  or  Commission,  or  any  officer  of  State 
character  whose  election  may  be  provided  by  law,  commissioners 
of  election  shall  deposit  one  of  the  tally  sheets  and  one  of  the 
poll  lists,  signed  and  sworn  to  as  hereinbefore  provided,  in  the 
ballot  box,  and  one  of  the  poll  lists  and  tally  sheets,  signed  and 
sworn  to  as  hereinbefore  provided,  shall  be  placed  in  a  sealed 
envelope  directed  to  the  Secretary  of  State,  at  Baton  Rouge, 
Louisiana,  and  the  other  poll  list  and  one  tally  sheet,  similarly 
signed  and  sworn  to,  shall  be  placed  in  a  sealed  envelope  and 
directed  to  the  respective  chairman  of  the  various  Parish  Com- 
mittees, to  be  kept  by  him  for  six  months,  and  shall  be  a  public 
document  and  as  such  subject  to  public  inspection,  in  cases 
where  parochial  office  are  being  voted  for  and,  in  all  other 
cases,  to  the  chairman  of  the  State  Central  Committee  of  the 
party  holding  the  primary  election,  who  shall  deliver  same  to 
the  State  Central  Committee  for  its  inspection,  if  necessary, 
when  it  meets  to  declare  the  result  of  the  election,  are  herein- 
after provided,  and  the  package  addressed  to  the  Secretary  of 
State  and  the  Chairman  of  the  State  Central  Committee  shall 
be  forwarded  to  them  immediately  through  the  United  States 
mail. 

In  all  other  elections  held  under  this  act  the  returns  shall  be 
made  as  hereinbefore  provided,  except  that  the  tally  sheets  and 
poll  list  hereinbefore  required  to  be  forwarded  to  the  Secretary 
of  State  and  the  chairman  of  the  State  Central  Committee  shall 
be  placed  in  sealed  packages  addressed  to  the  chairman  of  the 
respective  committees  ordering  the  said  primary  and  the  clerk 
of  court  of  the  parish  in  which  said  election  is  held,  and  in  the 
Parish  of  Orleans  to  the  clerk  of  the  Criminal  District  Court 
and  be  delivered  to  them,  or  their  accredited  representatives  in 
person  by  the  commissioners  of  election. 

In  any  year  when  other  officers,  District,  Parochial,  Ward 
or  Municipal,  are  to  be  nominated  at  the  same  time  and  at  the 
same  polling  places  as  United  States  Senators,  Congressmen, 
Governor  and  other  State  officers  who  are  to  be  voted  for 
throughout  the  entire  State  or  Congressional  District,  the  tripli- 
cate poll  lists  and  the  tally  sheets  herein  provided  to  be  made, 
for  such  District,  Ward,  Parochial  or  Municipal  officers,  shall 


17 

be  separate  from  those  for  United  States  Senator,  Congressman, 
Governor,  and  other  State  officers,  and  same  shall  be  delivered, 
respectively,  one  in  ballot  box,  one  to  the  Secretary  of  State  and 
one  to  the  chairman  of  the  respective  committees  ordering  the 
District,  Parochial,  Ward,  or  Municipal  election,  as  aforesaid, 
and  when  District,  Ward,  Parochial  or  Municipal  officers  are 
to  be  nominated  as  aforesaid,  at  the  same  time  as  United  States 
Senators.  Congressmen,  Governor,  Justices  of  the  Supreme 
Court,  Railroad  Commissioners,  Judges  of  the  Court  of  Appeal, 
and  other  State  officers  or  State  Board  or  Commissioners  that 
may  be  provided  by  law,  there  shall  be  separate  ballot  boxes, 
one  for  the  purpose  of  depositing  the  ballots  cast  for  said  United 
States  Senators,  Congressmen,  Governor  and  other  State  officers, 
etc.,  and  one  for  depositing  said  District,  Parochial,  Ward  and 
Municipal  ballots. 

The  ballot  boxes  containing  the  ballots,  poll  list  and  tally 
sheet  shall  be  carefully  sealed  after  the  count  shall  have  been 
completed  and  the  returns  signed  and  sworn  to,  shall  be  depos- 
ited with  the  respective  clerks  of  the  District  Courts  throughout 
the  State  and  in  the  Parish  of  Orleans  with  the  Clerk  of  the 
Criminal  District  Court,  by  the  commissioners  of  election. 

Section  26.  That  any  person  desiring  to  vote  shall  give  his 
name  and  registration  papers  (if  such  be  required)  to  any  one 
of  the  commissioners,  who  shall  thereupon  announce  the  name 
in  a  loud  and  distinct  tone  of  voice,  the  same  to  be  revealed  on 
the  outside  by  a  watcher  designated  by  the  commissioners,  and 
if  such  name  is  found  on  the  registration  list  by  the  commissioner 
having  charge  thereof  the  commissioner  shall  give  the  applicant 
one,  and  only  one,  ballot,  and  his  name  shall  be  immediately 
checked  on  said  registration  list,  and  his  name  and  ballot  number 
shall  also  be  entered  on  the  poll  list,  and  in  Parishes  containing 
a  city  of  over  100,000  inhabitants  the  poll  list  shall  contain  the 
name  of  the  voter,  his  ballot  number,  and  the  serial  number  of 
the  required  registration  and  poll  tax  receipts  and  space  for 
remarks.  On  receiving  his  ballot,  the  voter  shall  forthwith,  and 
without  leaving  the  enclosed  space,  retire  to  the  place  provided 
for  the  preparation  of  his  ballot,  and  designate  his  choice  by 
making  a  cross,  with  a  lead  pencil,  in  the  voting  space  to  the 
right  of  and  opposite  the  name  of  the  candidates  he  desires  to 
support  for  the  particular  office  for  which  they  have  offered. 
Immediately  after  the  voter  shall  have  deposited  his  ballot,  he 
shall  retire  from  within  the  barrier,  and  shall  not  be  allowed 
thereafter  to  return  within  said  barrier. 

Whenever,  in  any  political  district  or  political  sub-division, 
there  are  two  or  more  officers  of  the  same  kind  or  character 
to  be  elected,  such  as  two  or  more  Senators  to  be  elected  from 
the  same  Senatorial  District,  or  two  or  more  Representatives  to 
the  House  of  Representatives  to  be  elected  from  the  same  Repre- 


18 

sntative  District,  or  two  or  more  District  Judges  from  the  same 
Judicial  District,  or  two  or  more  members  of  the  School  Board 
or  two  or  more  Justices  of  the  Peace,  or  two  or  more  Police 
Jurors  from  the  same  Ward,  or  two  or  more  members  of  a  party 
committee,  etc.,  it  shall  be  the  duty  of  each  elector  to  vote  for  as 
many  candidates  as  there  are  places  to  be  filled,  and  whenever 
an  elector  shall  vote  for  a  lesser  number  of  candidates  than 
there  are  places  to  be  filled,  such  ballot  shall  not  be  counted  for 
any  one  of  the  plural  candidates  voted  for  thereon,  but  shall  be 
considered  and  counted  as  if  no  one  of  the  said  plural  candidates 
had  been  voted  for.  In  other  respects  and  for  other  offices  the 
ballot  shall  be  considered  good,  and  shall  be  counted. 

Any  voter  who  declares  to  any  commissioner  that,  by  reason 
of  blindness,  or  by  reason  of  any  other  physical  disability,  he  is 
unable  to  mark  his  ballot,  or  any  elector  registered  under  any 
qualification  prescribed  by  the  Constitution,  other  than  the  edu- 
cational qualifications,  who  so  declares  that  he  is  unable  to  read 
and  write,  shall  receive  the  assistance  of  a  commissioner  of  his 
own  selection  in  the  marking  thereof  and  such  person  shall  as- 
certain his  wishes  and  mark  his  ballot  in  accordance  therewith 
and  such  person  shall  thereafter  give  np  information  regarding 
same.    Any  commissioner  of  election  shall  require  such  declara- 
tion of  inability  to  read  and  write  to  be  made  by  the  elector 
under  oath.     Whenever  any  elector  receives  assistance  in  this 
manner  the  commissioners  in  charge  of  the  poll  lists  shall  write 
the  voter's  name  in  the  list,  and  shall  write  in  the  column  of 
remarks  on  the  poll  list  opposite  the  name  of  the  elector  the 
words  "assisted  and  sworn".    No  person  shall  volunteer  to  as- 
sist any  elector  in  marking  his  ballot,  nor  shall  any  elector  re- 
ceive any  assistance  except  as  provided  for  in  this  Section  and 
by  a  commissioner  of  his  choice.    When  an  elector  call  a  com- 
missioner to  assist  in  marking  his  ballot  under  the  provisions 
of  this  Section,  one  other  commissioner,  supporting  candidates 
opposing  the  candidate,  if  any,  supported  by  the  commissioner 
called,  shall  enter  the  booth  and  view  the  marking  of  the  ballot, 
but  no  other  person  except  commissioners  shall  give  assistance, 
nor  shall  any  other  person  than  a  commissioner  at  any  time- 
enter  a  booth  while  another  elector  is  therein.     Any  commis- 
sioner giving  assistance  or  observing  the  same  who  makes  known 
the  way  the  voter  receiving  assistance  marks  his  ballot,  or  any 
voter  who  shall  ask  for  and  receive  assistance  not  authorized 
to  do  so  by  the  provisions  of  this  Section,  any  person  who  shall 
volunteer  assistance  to  any  voter,  and  any  person  who  shall  swear 
falsely  in  order  to  obtain  assistance  shall  b,e  guilty  of  a  mis- 
demeanor and,  upon  conviction  thereof,  shall  be  punished  as  pro- 
vided in  Section  33  of  this  act. 

Section  27.    That  in  all  elections  where  returns  are  by  this  act 
provided  to  be  made  to  the  Secretary  of  State,  he  shall  immedi- 


19 

ately  proceed  to  tabulate  and  compile  the  same,  and  shall  within 
eight  days  after  the  date  of  said  primary  election  promulgate 
same  in  the  official  journal  of  the  State,  and  shall  forward  under 
a  special  stamp  a  certified  copy  thereof,  under  his  signature  and 
seal  of  office,  to  the  chairman  of  the  committee  ordering  the 
primary. 

In  all  other  elections,  the  returns  shall  be  immediately  tabu- 
lated  and  compiled  by  the  respective  committees  ordering  the 
primary  election  and  the  result  thereof  certified  to  the  Secretary 
of  State. 

That  in  elections  held  under  the  provisions  of  this  act  all  con- 
tests shall  be  made  before  the  courts  of  the  State,  as  herein 
prescribed,  which  are  hereby  fully  vested  with  the  necessary 
power,  authority  and  jurisdiction  to  hear,  try  and  determine 
the  same.  Any  candidate  for  a  nomination  for  any  office  who 
shall  claim  to  have  been  nominated,  and  shall  desire  to  contest 
the  election,  shall  present  a  petition  to  the  Judge  of  the  District 
Court  of  the  parish  in  which  the  capitol  of  the  State  is  situated, 
if  the  office  be  that  of  Governor,  Lieutenant  Governor,  Attorney 
General,  Secretary  of  State,  State  Treasurer,  Auditor  of  Public 
Accounts,  Superintendent  of  Public  Education,  or  other  State 
officer  or  United  States  Senator;  or  if  it  be  a  municipal,  paro- 
chial or  district  office,  then  to  the  District  Court  of  the  parish 
in  which  the  contestee  resides,  which  petition  shall  set  forth 
specifically  and  in  detail  the  grounds  on  which  the  contest  is 
based  and  the  irregularities  or  frauds  of  which  complaint  is 
made;  that  thereupon  the  judge  of  said  court  or,  in  his  absence, 
the  clerk  of  said  court,  shall  issue  an  order  directing  the  con- 
testee to  answer  the  petition  within  five  days  after  service  upon 
him  of  certified  copy  of  the  petition  and  order;  that  the  con- 
testee shall  be  bound  to  answer  not  later  than  ten  o'clock  a.  m.  on 
the  fifth  day  from  and  after  said  service,  including  Sunday  and 
legal  holidays ;  but  if  the  fifth  day  shall  be  Sunday  or  other  legal 
holiday,  then  on  the  next  succeeding  legal  day,  at  which  time, 
whether  the  contestee  has  answered  or  not,  the  court  shall  pro- 
ceed without  further  delay  and  in  a  summary  manner  to  try 
the  issue  presented;  and  the  trial  shall  be  in  open  court  or  in 
chambers  and  no  jury  shall  be  allowed.  Either  party  shall  have 
the  right  to  projceed  to  take  evidence  relative  to  the  facts  speci- 
fied, or  to  be  specified  in  the  petition  at  any  time  before  tho 
trial,  on  giving  the  other  party  two  days  notice  of  the  time  ami 
place  where  the  evidence  is  to  be  taken;  provided  that  the  evi- 
dence may  be  taken  before  any  officer  authorized  to  administer 
oaths,  who  shall  have  the  power  and  authority  .to  issue  process 
to  compel  the  attendance  of  witnesses  and  the  production  of 
documentary  evidence  of  every  kind  whatsoever.  The  court  of 
original  jurisdiction  shall  render  judgment  within  twenty-four 
hours  after  the  case  is  submitted.  The  party  cast  shall  have 
the  right  to  appeal  as  in  other  cases,  on  giving  bond  for  a  sum 


20 

to  be  fixed  by  the  court  to  cover  cost  of  all  courts,  the  emolu- 
ments of  the  offices  involved  for  the  full  term  being  hereby 
made  the  test  of  the  appellate  jurisdiction ;  provided,  said  appeal 
shall  be  filed  in  the  appellate  court  within  not  more  than  five 
days  from  the  rendition  of  the  judgment,  and  shall  be  tried 
on  the  original  records  and  by  preference  over  all  other  cases 
whatsoever,  and  to  decide  the  same  within  twenty-four  hours 
after  submission.    Upon  the  perfection  of  an  appeal,  the  Clerks 
of  Court  shall  immediately  notify  the  Appellate  Court  in  writ- 
ing, which  said  Appellate  Court  shall  immediately  set  the  appeal 
down  for  hearing  without  waiting  the  actual  lodgment  of  the 
appeal.     It  shall  be  the  duty  of  the  Appellate  Court  to  hear 
and  determine  appeals  at  the  earliest  practicable  moment,  and, 
if  the  Supreme  Court  be  in  vacation,  it  shall  be  the  duty  of  the 
Chief  Justice  to  convene  the  court  at  once  in  special  session. 
That  if  a  trial  of  the  cases  appealed  to  the  Court  of  Appeal  be 
desired  at  a  time  when  the  said  courts  are  in  vacation,  it  shall 
be  the  duty  of  the  judges  composing  such  court,  to  meet  in 
session  without  delay;  that  no  application  for  rehearing  shall 
be  entertained,  but  the  courts  may  correct  manifest  errors  to 
which  their  attention  may  be  called,  upon  their  own  motion. 
No  contest  shall  be  entertained  unless  brought  within  two  days 
after  the  official  promulgation  of  the  result  of  the   election. 
In  case  no  candidates  for  the  office  of  Governor  should  have 
received  a  majority  of  the  votes  cast  for  that  office,  then  a 
second  primary  election  shall  be  held  for  Governor  and  for  all 
other  State  officers  the  candidates  for  which  shall  have  failed 
to  receive  a  majority  of  the  votes  cast  for  the  office  for  which 
they  were  respectively  candidates,  and  the  second  primary  shall 
be  held  with  the  same  election  officers  and  at  the  same  places 
as  the  first  primary  was  held,  five  weeks  from  the  date  of  the 
first  primary;  provided,  that  if  this  day  should  fall  on  Mardi 
Gras,  then  the  second  primary  shall  be  held  six  weeks  from  the 
date  of  the  first  primary.     The  expenses  of  the  second  primary 
are  to  be  borne  in  the  same  manner  as  those  of  the  first  herein- 
above  provided  for.     At  the  second  primary  no  one  can  be  a  can- 
didate except  the  two  persons  who  have   received  the  highest 
number  of  votes  at  the  first  primary  election  for  the  office  for 
which  they  were  candidates. 

The  return  shall  be  made  and  the  votes  canvassed  and  com- 
piled and  the  results  declared  as  hereinafter  provided  for  in 
the  first  primary  election. 

In  case  of  failure  to  elect  because  no  candidate  received  a 
majority  of  the  votes  cast  for  the  office  for  which  he  is  a  can- 
didate, should  one  of  the  two  persons  receiving  the  highest  num- 
ber of  votes  decline  to  continue  his  candidacy,  the  other  candi- 
date who  shall  have  received  the  highest  number  of  votes  for  the 
office  for  which  he  was  a  candidate  shall  be  declared  the  nom- 
inee of  the  party. 


21 

•Any  officer  of  election  who  has  been  appointed  in  the  first 
primary  and  served  as  a  commissioner,  clerk  or  special  deputy 
in  the  first  primary  and  who  fails  to  serve  in  the  second  pri- 
mary in  the  same  capacity,  shall  be  guilty  of  a  misdemeanor 
and  shall  be  punished  as  provided  for  in  Section  33  of  this 
Act.  In  the  event  of  the  Governor  being  nominated  in  the 
first  primary  election,  there  shall  be  no  second  primary  election 
for  State  officers  who  ran  in  the  first  primary,  but  the  person  re- 
ceiving a  plurality  of  the  votes  cast  for  the  office  for  which 
he  was  a  candidate  shall  be  declared  to  be  the  nominee  of  the 
party  holding  said  primary.  That  in  all  elections,  where  re- 
turns are,  by  this  act,  provided  to  be  made  to  the  respective 
committees  ordering  said  primary,  it  shall  be  the  duty  of  the 
said  chairman,  immediately  upon  receiving  the  said  returns, 
to  at  once  open  the  same  and  cause  same  to  be  tabulated  and 
compiled,  and  at  12  o'clock  noon  on  the  fourth  day  after  the 
primary,  the  said  committee  ordering  same  shall  reconvene  at  the 
same  place  and  the  chairman  thereof  shall  submit  to  it  the  tab- 
ulated statement  showing  the  result  of  said  primary  together 
with  the  original  returns  received  by  him.  That  after  the  com- 
mittee has  met  and  proclaimed  the  results  as  hereinbefore  pro- 
vided, and  it  shall  be  found  that  any  candidate  failed  to  re- 
ceive a  majority  of  the  votes  cast  for  the  office  for  which  he  was  a 
candidate,  a  second  primary  shall  be  held  with  the  same  election 
officers  at  the  same  place  as  the  first  primary  election  was  held 
and  on  the  same  date  as  the  second  primary  for  State  officers  and 
Congressmen ;  if  there  be  no  second  primary  for  State  officials  or 
Congressmen  or  the  first  primary  be  held  at  a  time  when  neither 
State  officers  or  Congressmen  shall  be  voted  for,  then  the  second 
primary  shall  be  held  five  weeks  from  the  date  of  first  primary, 
provided  that  if  this  day  should  fall  on  Mardi  Gras,  then  the  said 
second  primary  shall  be  held  six  weeks  from  the  date  of  the  first 
primary. 

The  expenses  of  the  second  primary  shall  be  apportioned  and 
paid  for  in  the  same  manner  as  those  of  the  first  primary  herein- 
before provided  for. 

Provided  further,  that  any  unexpended  balance  after  the 
first  primary  is  held  shall  be  used  to  defray  the  expenses  of 
said  second  primary. 

At  the  second  primary  election  no  one  can  be  a  candidate 
except  the  two  persons  who  have  received  the  highest  number 
of  votes  for  the  office  for  which  they  were  candidates.  The 
return  shall  be  made  and  the  votes  canvassed  and  compiled  and 
the  results  declared  and  promulgated  as  hereinbefore  provided 
for  in  the  first  primary. 

The  same  provisions  for  withdrawal  as  applies  to  candidates 
in  the  primaries  for  State  officers  which  are  to  be  voted  for 
shall  govern  in  case  any  candidate  at  this  primary  desires  to 
withdraw  from  the  second  primary,  and  the  same  provisions 
and  penalties  for  the  failure  of  officers  of  election  who  were 


22 

appointed  and  served  in  the  first  primary  for  State  officers 
and  who  failed  to  serve  in  the  second  primary  for  State  officers 
shall  govern  at  this  second  primary. 

Section  28.  That  the  State  Central  Committee  and  all  other 
subordinate  or  local  committees  of  all  the  political  parties  com- 
ing within  the  provisions  of  this  act,  as  now  constituted  are 
hereby  recognized  as  the  legal  committees  and  the  governing 
authorities  of  the  said  political  parties. 

That  the  members  thereof  shall  hold  their  offices  as  members 
of  the  said  committtees  for  the  term  for  which  they  have  been 
already  elected.  That  they  are  authorized  to  make  any  rules 
and  regulations  for  their  government  not  in  conflict  with  any 
provisions  of  this  act.  That  the  State  Central  Committees  of 
all  political  parties,  as  now  constituted,  shall  direct  and  order 
the  manner  in  which  all  subordinate  or  local  committees  shall  be 
organized  and  constituted,  fix  their  number,  regulate  their  term 
of  office,  the  time  of  their  election,  provided  same  shall  not  be 
for  a  longer  term  than  four  years;  provided,  however,  that  the 
members  of  all  committees  shall  be  elected  in  a  direct  primary 
except  as  is  herein  provided  for  the  election  of  Committeemen 
at  large,  and,  except  where  a  vacancy  occurs  in  the  membership 
of  any  committee  for  any  cause,  in  which  event  the  committee 
on  which  the  vacancy  occurs  shall  have  the  authority  to  fill 
same,  except  the  State  Central  Committeemen  at  large. 

That  the.  State  Central  Committee  of  all  political  parties  in 
this  State  shall  consist  of  one  member  from  each  parish  and 
one  member  from  each  of  the  wards  of  the  parish  of  Orleans, 
and  twenty-four  members  at  large,  who  shall  be  selected  at  the 
first  meeting  of  the  members  elected  from  the  parishes  and 
wards  aforesaid. 

As  follows :  the  members  of  the  State  Central  Committee  elect- 
ed from  the  Parishes  and  wards  of  the  Congressional  Districts 
of  the  State  shall  by  a  majority  vote  of  such  members  elect  three 
Committeemen  at  large  from  their  respective  districts,  provided 
not  more  than  one  Committeeman  shall  be  elected  from  any 
parish,  or  ward  of  the  City  of  New  Orleans  and,  provided,  fur- 
ther that  the  said  members  at  large  shall  be  selected  before  the 
committee  shall  organize  by  the  election  of  its  chairman  and 
other  officers. 

Members  of  the  State  Central  Committee  are  authorized  to 
act  through  proxies  at  any  meeting.  The  said  proxies  to  be 
appointed  in  such  manner  and  from  such  class  of  persons  as  the 
State  Central  Committee  may  determine. 

Section  29.  That  no  one  who  participates  in  the  primary 
election  of  any  political  party  shall  have  the  right  to  participate 
in  any  primary  election  of  any  other  political  party,  with  a 
view  of  nominating  opposing  candidates,  nor  shall  he  be  per- 
mitted to  sign  any  nomination  papers  for  any  opposing  candi- 
date or  candidates;  nor  shall  he  be  permitted  to  be  himself  a 


23 

candidate  in  opposition  to  any  one  nominated  at  or  through  a 
primary  election  in  which  he  took  part. 

Section  30.  That  in  the  event  that  after  the  date  has  passed 
on  which  candidates  are  allowed  to  enter  and  file  their  notifi- 
cation in  any  primary  under  this  act,  it  shall  be  found  that 
there  be  but  one  candidate  for  any  particular  office  for  which 
the  primary  has  been  called,  the  respective  committee  order- 
ing said  primary  shall  then  be  immediately  convened,  and  the 
person  so  entering  and  being  thus  unopposed  shall  be  declared 
to  be  the  nominee  of  the  party  that  has  ordered  said  primary 
for  the  particular  office,  for  which  he  has  offered,  without  the 
necessity  of  holding  a  primary  election  for  said  office. 

In  like  manner,  when  a  candidate  for  membership  on  a  party 
committee,  provided  for  in  this  act,  shall  be  unopposed,  he  shall 
be  declared  elected  without  the  necessity  of  having  his  name 
printed  on  the  ballot  and  of  being  voted  for. 

That  in  the  event  that  after  the  date  has  passed  on  which 
candidates  are  allowed  to  enter  and  file  their  notification  in 
any  primary,  under  this  act,  one  or  more  of  the  rival  candidates 
for  any  particular  office  shall  die,  new  candidates  for  that  ol- 
fiee  shall  be  permitted  to  enter  and  file  their  notification  for 
a  period  of  live  days  after  such  death;  provided,  that  this  pro- 
vision shall  not  be  effective  when  the  death  occurs  within  seven 
days  of  the  day  fixed  for  the  primary  election. 

Section  3.1.  That  all  vacancies  caused  by  death  or  resigna- 
tion or  otherwise  among  the  nominees  selected  by  any  political 
party,  under  the  provisions  of  this  act,  shall  be  filled  by  the 
committee,  which  has  jurisdiction  over  the  calling  and  order- 
ing of  the  said  primary  election,  and  in  the  event  that  no  person 
shall  have  applied  to  become  a  candidate  for  a  political  office 
within  the  time  fixed  by  law,  or  the  call  of  the  committee  or- 
dering the  primary,  or  in  any  other  event  wherein  the  party 
shall  have  no  nominee  selected  under  the  provisions  of  this 
act,  the  committee  calling  the  primary  shall  select  the  nominee 
for  any  position  named  in  the  call  of  the  committee  and  shall 
have  full  authority  to  certify  said  name  as  the  nominee  of  the 
said  party;  provided,  however,  that  wherever,  for  any  reason, 
any  contest  filed  in  court  shall  not  be  finally  decided  in  time 
to  print  the  name  of  the  nominee  of  the  party  upon  the  ticket 
at  election,  then  the  political  party  committee  shall  certify 
the  name  of  the  person  who  is  the  contestee  in  the  suit  filed,  and 
the  name,  of  the  said  contestee  shall  be  printed  upon  the  ticket  as 
the  nominee  of  said  political  party,  and  no  court  shall  have 
jurisdiction  to  enjoin  such  action. 

Section  32.  That  it  shall  be  the  duty  of  the  chief  executive 
officers  of  the  police  force  of  each  city  to  furnish  to  the  Board 
of  Supervisors  of  Elections  of  the  Parish  such  number  of  police 
officers  as  said  board  of  Supervisors  of  Elections  may  request 
for  service  at  the  polls  on  election  day,  said  officers  to  be  se- 


24 

lected  by  said  Board  from  a  complete  list  of  the  police  force  to 
be  furnished  by  the  executive  officer  of  such  police  force  not  less 
than  ten  days  of  the  date  upon  which  such  primary  election  shall 
be  held,  which  said  police  officers  shall  be  assigned  by  said  Board 
to  such  polling  places  as  shall  be  designated  by  said  Board ;  that 
said  police  officers  shall,  at  each  polling  place,  preserve  and 
protect  each  election  officer  from  any  interference  with  or 
obstruction  in  the  performance  of  his  duties,  and  to  aid  in  en- 
forcing the  provisions  of  law  relating  to  elections,  and  said  police 
officers  so  detailed  shall  be  subject  to  the  orders  of  the  com- 
missioners of  election  only,  and  said  police  officers  so  detailed 
shall  not,  under  any  circumstances,  interfere  with  the  voters, 
or  with  the  conduct  of  said  election,  or  with  the  election  offi- 
cers, and  shall  be  under  the  exclusive  orders  of  the  commission- 
ers in  charge  of  said  polls  from  the  time  of  the  opening  of  the 
polls  to  the  completion  of  the  count,  and  said  officers  shall  not 
permit  any  person  other  than  commissioners,  commissioned 
watchers  and  voters  actually  engaged  in  voting  within  the  bar- 
riers. 

Section  33.  Any  person  refusing  or  neglecting  to  discharge 
any  duty  imposed  upon  him,  by  any  provision  of  this  act,  and 
any  person  making  any  false  answer  under  oath  or  otherwise,  to 
any  person  who  has  authority  to  require  an  answer,  and  any 
person  who  shall  vote  more  than  once  at  any  single  primary 
election,  or  who  knowingly  folds  together  more  than  one  ballot 
and  depsits  same  in  any  ballot  box,  and  any  person  who  buys 
any  vote,  or  intimidates  any  voter,  or  who  forges  or  other- 
wise alters  any  returns  of  any  primary  election,  or,  who,  be- 
ing a  commissioner  or  clerk  at  a  primary  election,  shall  know- 
ingly permit  fraudulent  votes  to  be  cast,  or  knowingly  count 
votes  not  entitled  to  be  cast,  any  person  who  has  in  his  posses- 
sion any  official  ballot  in  violation  of  any  provision  of  this  act, 
and  any  voter  who  aids  or  assists  any  person  in  the  primary 
or  any  other  party  or  organization  opposed  to  a  candidate 
nominated  in  the  primary  in  which  such  voter  takes  part,  shall 
be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
fined  not  less  than  Fifty  Dollars  nor  more  than  Five  Hundred 
Dollars  and  imprisonment  for  not  less  than  two  months  nor 
more  than  one  year  in  the  parish  jail  and  shall  further  be  inel- 
igible for  four  years  thereafter  to  hold  any  office  of  trust  or 
profit  in  this  State. 

Section  34.     That  all  laws  or  parts  of  laws  in  conflict  here- 
with be  and  the  same  are  hereby  repealed. 
Approved  by  the   Governor: 

July  13,  1922,  12:25  p.  m. 
A  true  copy: 

JAMES  J.  BAILEY, 

Secretary  of  State. 


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